Engineer joined to action in Longboat Quay case
Management company suing DDDA and Bernard McNamara company
Longboat Quay apartment complex, Dublin.
A Commercial Court judge has added an engineer who approved work at Longboat Quay as a third party to an action taken over the apartment complex.
It is alleged the apartments were not built in accordance with fire safety requirements.
The joinder application was brought by the Dublin Docklands Development Authority (DDDA), a defendant in the case, for the purposes of seeking a contribution or indemnity from him if certain claims are made out against the Authority.
The case is also against Declan Taite and Anne O’Dwyer, as receivers appointed over some of Gendsong’s assets – 15 apartments in Longboat Quay.
More than 600 residents of the complex’s 298 apartments are affected by fire safety notices which empower Dublin Fire Brigade to evacuate it should it be considered necessary.
The complex was developed in 2006 by Gendsong.
The management company claims the defendants are liable for the €3.5m cost of repair works.
Among its claims are 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 is alleged the DDDA failed to do that.
It is also alleged both the DDDA and Gendsong are 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 DDDA has denied the claims and says it has no liability.
In the application seeking to join Mr Greaney as a third party, Paul Clegg, DDDA’s acting chief executive, claimed Mr Greaney assessed and inspected the fire safety precautions at the Longboat Quay development and provided fire safety certificates in January 2007 stating design and construction complied with mandatory fire performance specifications.
The DDDA had taken expert advice in relation to the certificates and claims, insofar as the management company’s allegations are correct, the statements in the certificates are incorrect, Mr Clegg said.
It is claimed it ought to have been apparent works were not completed in accordance with the regulations.
The DDDA says, if the management company secures any reliefs from the court, the DDDA is entitled to a contribution or indemnity against Mr Greaney.