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25/02/2009

Infill Case Defendants Lagan Deny Allegations

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An Irish building group has launched its defence in court, after facing claims the infill it supplied to hundreds of Dublin homes was defective.

The Lagan Group's counsel, giving its opening case, denied allegation that the material had swelled or caused heave.

Speaking at the Commercial Court, Hugh O'Neill SC said the main issue centred on whether infill from Bay Lane quarry had excessive amounts of pyrite, which could have caused the damage.

Plaintiffs Hansfield Developments, Viking Construction, Menolly Properties and Menolly Homes had earlier put their case to the court.

The defendants are Irish Asphalt Limited, Lagan Holdings Ltd and Lagan Construction Ltd.

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Yesterday Mr O'Neill claimed the court would eventually be "well satisfied" that cracks in the homes were not the result of heaves.

Housebuilder Menolly is seeking protection against a possible repair bill of around €60m, following complaints by hundreds of buyers that their walls and floors are cracking.

At least 30 affected householders have already issued proceedings over the damage.

The defence council put it to the court that far more mundane reasons could explain the cracks.

Home insurer Homebond - which is not part of the court proceedings - is an interested party, according to the defendant.

The Lagan Group counsel is expected to claim, under the terms of the Homebond Agreement, the insurer is financially liable to remedy any major defects in the houses on the three estates should Menolly Homes fail to carry out the work.

Mr O'Neill claimed Menolly Homes and Homebond were "delighted to be able to seek to pass on the responsibility for these issues".

According to the defence counsellor, ever second house in Ireland is attributing cracks to pyrite, which Mr O'Neill said is omnipresent in many rocks.

He also claimed there are design and workmanship defects in the houses.

Mr O'Neill cited particular properties at Beaupark and Drynam Hall.

The case continues.

(PR/JM)

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