THE DEVELOPER of a complex of 21 apartments in Cork has told the Commercial Court it may have to demolish the building due to allegedly defective works carried out by others.
It is alleged the piled foundations of the complex in Wilton have failed, resulting in structural cracking and “ongoing” movement. The residents of the complex at Maple House, Garrane, Darragh, Wilton, were told of the issues last year and offered alternative accommodation by the developer, O’Brien O’Flynn. Seven have initiated legal proceedings against that company.
O’Brien O’Flynn has sued Cainwhite Piling Foundations Ltd (in official liquidation), with registered offices at Crowley’s DFK, Lapp’s Quay, Cork; DJ Fitzgibbon Co Ltd, Empress Place, Summerhill North, Cork, and McDonnell Descon Ltd, Ballyrichard, Carrigtwohill, Co Cork.
The plaintiff firm has alleged breach of contract, nuisance, negligence and breach of duty against all three defendants, which, it is alleged, exposed the plaintiff and the residents to risk or damage.
Previously, Mr Justice Peter Kelly granted judgment in default of appearance against McDonnell Descon, with damages to be assessed later.
Cainwhite has denied liability and denies the piled foundations have failed. If they did, Cainwhite pleads this was caused by the other defendants. It also alleges the plaintiff failed to take immediate remedial action when the alleged defects became manifest.
Fitzgibbon Co denies liability, and has alleged contributory negligence by the plaintiff in allegedly failing to construct the building in a good and workmanlike manner, and/or to project manage the development adequately or at all.
Ms Justice Mary Finlay Geoghegan directed the sides should get together and agree the exact nature of the liability issues to be tried as a preliminary matter.
