A legal action by the management company of the Longboat Quay apartments in Dublin over liability for funding of €3.5 million in fire safety works at the complex is to be fast-tracked in the Commercial Court.
The Longboat Quay Management Company is suing the Dublin Docklands Development Authority (DDDA) and a Bernard McNamara company, Gendsong Ltd, which built the apartments and is now in receivership.
The case is also against Declan Taite and Anne O’Dwyer who were appointed receivers over some of Gendsong’s assets, comprising 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 this be considered necessary.
Gendsong
Among the management company’s claims is that 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 so.
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.
Last month, an application by the management company to transfer the case to the Commercial Court list was adjourned to facilitate discussions between the parties.
Mr Justice Brian McGovern admitted the case to the commercial list and adjourned it to next February.