Sunday 21 April 2019

Clarion Quay defects claim to be fast-tracked

The fast-tracked case will be heard at the Four Courts
The fast-tracked case will be heard at the Four Courts

Aodhan O'Faolain

A claim over an alleged failure to properly complete the Clarion Quay development in Dublin's docklands is to be fast-tracked in the Commercial Court.

Clarion Quay Development Management Company (CQDMC) wants to compel Dublin City Council, along with building firm Pierse Contracting (in liquidation) and five businessmen who were partners with Pierse in the Campshire Partnership, to complete works on the development.

The city council was a joint developer along with the partnership. The members of the partnership are John McCormack of Nutley Lane, Donnybrook; Brian McCormack of Belgrave Square, Monkstown; Niall McCormack, Shrewsbury Road, Ballsbridge; Alan McCormack, Fitzwilliam Square; and Patrick Kelly of Morehampton Road, Donnybrook, all Dublin.

The court heard development was carried out by the partnership and the Dublin Dockland Development Authority, which was dissolved in 2016, when all of its rights and liabilities were transferred to the city council.

Clarion Quay has 184 residential and nine retail units.

CQDMC purchased the common areas of the development from the developers, as well as various interests in the property in 2001, which was substantially constructed in 2002.

A dispute has broken out between the parties where CQDMC claims the defendants have breached their obligations as developers by failing to ensure that the development was properly completed.

The company claims it will cost €14m to remedy alleged defects in the building, including fire safety compliance.

It is also alleged that works need to be carried out on roofs, brickwork, timber cladding, balconies, direct heating system, apartment ventilation systems, common mechanical systems, and water in the basement.

In its action, the plaintiff seeks several orders and declarations from the defendants including an order directing the city council to specifically perform the 2001 sale agreement.

It also seeks a declaration that the defendants are obliged to indemnify the management company for all costs, expenses and claims arising from the alleged defects in the design, construction or certification of the development.

It further seeks an order for damages, and, if appropriate, aggravated and exemplary damages.

The claims are denied and the defendants say the action is misconceived.

The case was admitted to the fast-track commercial list by Mr Justice Robert Haughton on Monday.

There were no objections to the application.

The case, along with a number of other related actions, will be mentioned before the court later this month.

Irish Independent

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