Claims over alleged failure to complete works at Dublin's Clarion Quay fast tracked to Commercial Court
A claim over 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 wants orders to compel Dublin City Council, building firm Pierse Contracting which is in liquidation and five businessmen who with the building firm were partners of the Campshire Partnership to complete works on the development.
The members of the partnership are John McCormack of Nutley Lane, Donnybrook, Dublin, Brian McCormack Belgrave Square, Monkstown, Dublin, Niall McCormack, Shrewsbury Road, Ballsbridge, Dublin, Alan McCormack Fitzwilliam Square, Dublin and Patrick Kelly of Morehampton Road, Donnybrook, Dublin.
The court heard the partnership and the Dublin Dockland Development Authority which was dissolved and in 2016 all of its rights and liabilities were transferred to Dublin City Council (DCC)-were the developers of the Clarion Quay property, which has 184 residential and 9 retail units.
The plaintiff purchased the common areas 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 the plaintiff 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 the property's roof, brickwork, timber cladding, balconies, direct heating system, apartment ventilation systems, common mechanical systems, and basement.
In its action, the plaintiff seeks several orders and declarations from the defendants including an order directing DCC to specifically perform the 2001 sale agreement.
It also seeks a declaration that the defendants are obliged to indemnify the management company in respect of all costs, expenses and claims arising from the alleged defects in the design, construction or certification of the Clarion Quay Development.
The plaintiff 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 Court list by Mr Justice Robert Haughton today. 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.
