Spanish firm faces €7.4m lawsuit over faulty glazing at Exo Building in Dublin

An Post's new HQ is at the EXO building on Dublin's North Wall Quay. A construction firm is suing a glazing company over alleged defects in glass installed at the Exo Building in Dublin's Point village which it says cost some €6.8m to repair, the Commercial Court has heard.

Bennett (Construction) Ltd, with a registered address in Mullingar, Co Westmeath, has brought proceedings against Spanish firm Tvitec System Glass SL and its Irish subsidiary sub-contractor, Technical Envelope Facades (TEF) Ltd, formerly Tvitec System Ireland Ltd, with a registered address in Mountainview Park, Tallaght, Dublin.

It is claimed there was very bad leaking arising out of the works completed by TEF, and that the glazing supplied was defective. The workmanship of the installation of the glazing was of sub-standard quality, it is also alleged. The defendants deny the claims.

An application was made by Thomas Hogan SC, for Bennett, to have the case admitted to the fast track Commercial Court. This was opposed by Michael Cush SC, for Tvitec, on grounds of delay in bringing the proceedings. Mr Justice Mark Sanfey refused to admit the case as he considered there had been culpable delay by Bennett in bringing the proceedings. It means the case will now be dealt with through the normal High Court list.

In an affidavit Paul Bruton, managing director of Bennett, said his firm and TEF entered into an agreement in March 2018 for the supply and installation of glazing. TEF also entered into a collateral warranty with The Platform ICAV (formerly Davy Platform ICAV) which was the beneficiary of the project. The Spanish firm also executed a parent-company guarantee with The Platform whereby it guaranteed the obligations and liabilities of the Irish sub-contractor, Mr Burton said. The benefit of the collateral warranty and guarantee was assigned to Bennett in August 2024.

Mr Bruton said TEF began works in January 2018 and various issues arose, including cash-flow issues that TEF appeared to have on a regular basis, he said. In January 2022, following the Christmas break, TEF failed to return to site even though works were already significantly delayed, he claimed. A meeting between the parties followed and TEF advised that it had financial difficulties and that the works were not profitable. TEF said it would only return to site if a further €850,000 was paid. Bennett says it has paid €10.1m to TEF and another €625,000 \"under duress\" to get them back on site, Mr Bruton said. The company returned but failed to complete the works and once again left the site, he alleged.

Under the terms of the collateral warranty, the dispute could be referred to a conciliator but TEF refused to nominate a conciliator and refused to accept one nominated by Bennett who, as a result, had to resign in December 2024. Bennett says it has embarked on extensive remedial works with different sub-contractors. Mr Bruton said the total sum being claimed against the defendants for the cost of remediating the works is €7.4m.

According to the source: The Irish Independent.