A PARTNERSHIP company has brought a legal action for some €3.1 million damages allegedly suffered by it as a result of a fire which destroyed an apartment and retail development in Ennis, Co Clare.
An investigation into the cause of the fire found it resulted from defective electrical installation works and services carried out during construction, it is claimed.
The proceedings, which were admitted to the Commercial Court this week by Mr Justice Peter Kelly, have been brought by Michael Dennehy, Raymond Staunton, Paul Montgomery and Patrick Montgomery, all trading as the Pound Lane Partnership, c/o Knox’s, Abbey Street, Ennis, and Pound Lane Developments Ltd (PLD).
The case is against Arnold Leahy Architects (ALA), Crescent Villas, O’Connell Avenue, Limerick; structural engineering firm O’Regan Associates (ORA), Anster House, Ballincurra Road, Limerick; Kieran Walsh Electrical Contractors Ltd (KWEC), Clondradmore, Ennis; O’Brien Builders and Civil Engineering Contractors Ltd (OBCE), Knockliscrane, Miltown Malbay, Co Clare and ODM Mechanical and Electrical Engineers, Carmody Street, Ennis.
The plaintiffs claim PLD was incorporated by the partnership to undertake and complete a development of 16 apartments and a retail premises in one block and a separate block of six apartments at Pound Lane, Ennis. They claim a fire on October 21st, 2007 caused extensive material damage to the block containing the retail unit and 16 apartments.
It is alleged the cause and spread of the fire was due to the defective design, specification and/or installation of down lighting which was installed adjacent to unprotected roof timbers and/or the defective design, construction and/or finishing of compartment walls and/or the failure to apply proper and adequate fire stopping insulation to the compartment walls.
The partnership claims the fire was a result of, or was caused by, breaches of contract and tortious acts and omissions by the defendants. As well as material damage, they claim the fire resulted in 11 purchasers withdrawing from contracts to buy apartments. They claim it was impossible to market the remaining apartments because of a “very negative” public perception of the development.
