Aberdeen hotel cladding claim to progress as judge rejects prescription challenge
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A multi-party dispute over alleged cladding defects at the Leonardo Inn Hotel in Aberdeen’s Union Square development will proceed to proof after the Outer House refused attempts by the contractor, architect and insulation manufacturer to have the claims thrown out as time-barred.
Lord Richardson ruled that, although several of the hotel tenant’s prescription arguments were irrelevant, Leonardo Hotel Management (UK) Ltd had pled enough to support its case that physical concealment of defects led it and its landlord to hold off making claims.
The action concerns the cladding system at the hotel, part of a development certified as practically complete in February 2009. Galliford Try’s predecessor was the design and build contractor, Building Design Partnership (BDP) was the architect, and Kingspan manufactured the Kooltherm K15 insulation used in the works.
Leonardo took a lease with a full repairing obligation and received collateral warranties from Galliford Try and BDP. It seeks the cost of repairs it says it must carry out. Proceedings were raised in February 2021.
A full case report has been published in Scottish Legal News.
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