Sunday 15 September 2019

Longboat Quay legal action may be at an end - after over a year

Longboat Quay in Dublin
Longboat Quay in Dublin

Tim Healy

A LEGAL action by the management company of the Longboat Quay apartments in Dublin over liability for funding of €3.5m in fire safety works at the complex may be at an end, the Commercial Court heard.

More than 600 residents of  298 dockland apartments were affected by fire safety notices which empowered Dublin Fire Brigade to evacuate the complex should it be considered necessary.

The Longboat Quay Management Company sued the Dublin Docklands Development Authority (DDDA) and a Bernard McNamara company, Gendsong Ltd, which built the apartments and which is now in receivership.

The case was also against Declan Taite and Anne O'Dwyer who were appointed receivers over some of Gendsong's assets, comprising 15 apartments in Longboat Quay.

The complex was developed in 2006 by Gendsong.

Among the management company's claims were that the DDDA was obliged, under a December 2004 agreement, to ensure works at the complex were completed in a manner that left it reasonably fit for immediate occupation. It was alleged the DDDA failed to do that.

It was also alleged both the DDDA and Gendsong were obliged to indemnify the management company for all costs, losses, and claims resulting from defects in the design, construction or certification of the development.

The case was admitted to the Commercial Court just over a year ago.

It came back for mention today before Mr Justice Brian McGovern who was told by Patrick Leonard SC, for the management company, it is expected the case "will come to an end in early January."

In those circumstances, the judge granted him a further adjournment until January 23.

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