Legal action over structural defects in Ballymun youth facility

A LEGAL action has been brought over structural defects in a Ballymun youth facility alleged to have been caused by defective infill material containing pyrite.

James Elliott Construction Ltd (JECL) claims the defects resulted from defective infill supplied by Irish Asphalt Ltd, and that the cost of remedying the defects would be more than €2.2 million, excluding any general damages claim it may be exposed to. It also claims it has spent €500,000 on site investigations into the defects.

In proceedings before the Commercial Court, JECL claims it is entitled to be indemnified by Irish Asphalt to those sums and any others arising from any claim by Ballymun Regeneration Ltd over the structural defects in the youth facility.

The proceedings were yesterday transferred to the list of the Commercial Court by Mr Justice Peter Kelly.

JECL, of Whitegate Cross, Virginia, Co Cavan, claims it entered into a contract with the regeneration company to build the youth facility in 2004, and completed the facility at Sillogue Road, Ballymun, in about August 2005.

It claims Irish Asphalt supplied it with the hardcore infill used in the construction. Serious structural defects developed in the building at some date before November 2007.

An investigation by engineers engaged by Ballymun Regeneration identified a number of defects including extensive cracking, spiralling and bulging in the plasterboard lining at ground floor level.

JECL said the investigating engineers said the floor slab appeared to have heaved upwards and there was a “very strong probability” this was caused by the presence of pyrite or iron sulphide in the hardcore fill.

JECL said it had arranged for its own extensive testing which established the defects were caused by the presence of pyrite in the infill.

It said it was liable under its contract with the regeneration company to compensate it, and the loss and damage it is exposed to is due to being supplied with defective infill.