Obel Tower alleged fire protection defects 'putting lives at risk,' court told
Lives are being put at risk by alleged fire protection defects at Northern Ireland’s tallest residential building, the High Court has heard.
Counsel for the management company and original developers of the Obel Tower in Belfast claimed safety issues related to cladding have not been denied.
However, construction firm O’Hare & McGovern is attempting to stop a legal action aimed at compelling it to carry out any necessary remedial works at an estimated cost of up to £1m.
Lawyers representing the company argued that a developer now in liquidation has no legal right to seek an order for specific performance.
Reserving judgment in the dispute, Mr Justice Humphreys directed both sides to carry out expert inspections of the multi-storey building at Donegall Quay.
Completed in 2011, the Obel Tower includes 233 apartments and office accommodation.
It was later repossessed and eventually sold due to the bank debts of the developer, Donegall Quay Ltd.
Under government checks introduced after the 2017 Grenfell Tower fire in London where 72 people died, external wall safety (EWS1) surveys were required at high-rise buildings.
But issues were said to have been identified at the Obel complex during EWS1 checks carried out last year.
Proceedings have been issued by original developer Donegall Quay Ltd (in liquidation), Obel Management Ltd and Obel Ground Ltd.
In June the court was told allegations have been made in relation to cladding and fire protection at the building.
At that stage it was claimed that apartments may have to be vacated if repairs are not carried out by the end of the year.
In court on Monday, barristers Sean Brannigan QC and Anna Rowan, instructed by O’Reilly Stewart Solicitors, claimed the defects are on a life-threatening scale.
Mr Brannigan submitted: “We have a situation where, against a background of all we know about such defects and the tragedy we know has happened, O’Hare & McGovern Ltd and in particular the officers of that company, have made a decision not to correct defects which they do not dispute.
“In doing so they are putting at risk the lives of those who live in this development.”
Part of the defence to the legal action relates to the potential responsibility of any subcontractors involved in the development.
O’Hare & McGovern also wants the case struck out on the basis that any contract was rendered unenforceable when Donegall Quay Ltd went into liquidation.
David Dunlop QC disputed the purported assignment of a contractual right between the original employer and his client.
Following submissions, Mr Justice Humphreys pledged to give a ruling later this month.
Want a quick and expert briefing on the biggest news stories? Listen to our latest podcasts to find out What You Need To Know.