Cladding and prescription: the "downstream" litigation

In Multiplex Construction Europe Ltd v J&D Pierce (Contracts) Ltd [2025] CSOH 57, Multiplex Construction Europe Ltd v Nightingale Architects Ltd [2025] CSOH 58 and Multiplex Construction Europe Ltd v WSP UK Ltd [2025] CSOH 59, claims were brought by Multiplex against a sub-contractor, the architect and the fire safety consultants in order to protect the position of Multiplex in the event that it was found to be liable to the Greater Glasgow Health Board in respect of alleged defects in the cladding to the atrium of the hospital building. As noted above (see p 7), the claim of the Greater Glasgow Health Board was held to have prescribed so that the claims against the defenders to the three cases also fell away to the extent that they were based on a breach of contract or a breach of a common law duty of care in respect of the cladding. Nevertheless, on the assumption that his conclusion in the main litigation was incorrect, Lord Braid proceeded to consider whether the claims against the defenders had also prescribed and he concluded that most, but not all, had indeed prescribed.