Judgment reserved in pyrite pre-trial application

A judge will rule later on claims a building company has not backed up its claims of deceit in relation to being supplied with allegedly defective infill product containing excessive pyrite.

Ms Justice Caroline Costello has reserved judgment on a pre-trial application by Irish Asphalt Limited, Lagan Holdings Ltd and three Lagan directors, alleging adequate particulars of the claims of deceit made against them by James Elliott Construction Ltd (JEC) have not been provided.

JEC denied it has failed to provide adequate detail and its counsel Bill Shipsey SC opposed the defendants applications during a three-day hearing which concluded yesterday.

JEC has sued IAL for loss and damage over allegedly deceitfully putting on the market an infill product when it allegedly knew it was “not fit for purpose” and contained excessive amounts of reactive pyrite.

Arising from its use of the infill product, JEC said it is being sued by St Canice's Boys' National Schol and Forest Tosara Ltd and is concerned about potential claims relating to 14 other building projects.

It claims IAL misrepresented the quality of the product sold by it and either knew, or was reckless, whether its representation of the product was true or false. It also alleges Belfast-based Lagan Holdings Ltd and three of its directors — Kevin Lagan, Hampton Park, Belfast; Terry Lagan, Ulverton Road, Dalkey, Co Dublin, and John Gallagher, Farmleigh Cliose, Stillorgan, Co Dublin — are liable over allegedly knowingly procuring the alleged deceit of IAL.

The Elliott company is basing its claim on material that emerged from other legal proceedings relating to the use of infill. JEC alleges IAL secured permission for quarry operations at a site at Bay Lane to produce aggregate that could be used to supply an asphalt production plant operated by IAL in Ballycoolin, Co Dublin.

It is alleged IAL failed to comply with fundamental requirements governing the production of unbound aggregates in Ireland and knew the qauality of rock at Bay Lane was low-grade.