The UK Technology and Construction Court has confirmed that in cases where material information relevant to bringing a claim has been concealed, time does not start to run until the concealment has been discovered and that the effect of concealment is to turn the limitation clock back to zero.
RG Securities (No.2) Limited (the “Claimant”) purchased the freehold of St. Francis Tower, Ipswich Central, Franciscan Way, Ipswich IP11 1LS (the “Property”) in 2015. Before the purchase, the Property was substantially refurbished by the third defendant R. Maskell Limited (“Maskell”) between 2006 and 2009. As a part of these works, the Property was clad with a Trespa cladding system, which is said to be highly flammable and therefore unsuitable for use. In addition to the cladding issues, the Claimant raised a number of other concerns, including relating to the internal fire compartmentation and to the safety of the windows.