Contractor issues third party proceedings against M&E and lift specialists
Galliford Try has drawn two of its subcontractors into a legal dispute over alleged leaks at the 拢80m Broadway Plaza shopping centre in Birmingham.
CIP Property, the shopping centre鈥檚 owner, took legal action against Galliford Try over alleged defects at the project 鈥� which completed in 2003 鈥� last year.
The development was built by Galliford鈥檚 subsidiary Morrison Construction, a business Galliford acquired in 2006.
As part of its defence against CIP鈥檚 拢18m claim, Galliford Try has issued third party proceedings against mechanical and electrical specialist EIC Limited and lift specialist Kone.
In papers filed at the High Court, Galliford Try said it was seeking 鈥渄amages鈥�, 鈥渋ndemnity鈥� or 鈥渃ontribution鈥� from the subcontractors with regards to CIP鈥檚 claim.
CIP Property has claimed there are 鈥渄efects鈥� in the construction of the development and that Morrison had 鈥渇ailed to exercise any [鈥 reasonable skill and care鈥� in constructing the building, which now 鈥渟uffers from ingress of water鈥� from the external pedestrian deck area.
It argued that the plaza deck 鈥渕ust be removed and a new construction put in place which is water tight and prevents water entering the development鈥�.
However, in its defence Galliford Try argued that CIP bought the property in 2006 for a price 鈥渞eflecting the condition of the development at that time鈥�, accordingly it argued 鈥渢he claimant has suffered no loss鈥�.
It also said it had 鈥渇ailed鈥� to maintain the development, particularly a secondary drainage system installed to stop the leaks.
Galliford Try and EIC declined to comment. Kone and CIP were unavailable for comment.
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