The dad or mum firms of collapsed Ardmore Development say a £40m authorized declare by Taylor Wimpey is invalid as a result of they reached settlement on the contract two years in the past.
Taylor Wimpey is searching for a constructing legal responsibility order (BLO) and damages over hearth security and design defects to 72 properties at Morea Mews, Aberdeen Lane, Islington, which had been inbuilt 2015.
Ardmore Development Group, Ardmore Group and Ardmore Group Holdings say Ardmore Development Ltd’s (ACL’s), now in administration, legal responsibility had already been “discharged”.
In defence papers filed on the Excessive Courtroom, the corporations declare they reached a full and remaining settlement of £1.5m with Taylor Wimpey in April 2023 and ACL paid an additional £8.17m in March 2023 to cowl owners’ remediation, relocation and associated prices.
The dad or mum firms declare the settlement with Taylor Wimpey included a clause releasing each the contractor and its dad or mum firms from any future claims linked to the design-and-build contract, the remedial works contract, the Faulty Premises Act or any constructing security threat.
It says any declare is a breach of the settlement.
Consequently, they argue Taylor Wimpey can’t pursue a BLO, describing it as “misconceived” and that any declare might solely relate to an alleged breach of the settlement settlement.
The dad or mum firms say it’s not “simply and equitable” to grant a BLO due to their relationship with ACL or as a result of them having frequent administrators.
They argue that this provision within the Constructing Security Act was for ‘particular objective autos’ that dissolve following challenge completion to keep away from legal responsibility and forestall property house owners from having their houses remediated, not for an working group like Ardmore.
The dad or mum firms additional declare that Taylor Wimpey did not comply with the pre-action protocol for development disputes, which is meant to encourage early decision earlier than courtroom proceedings are issued.
Taylor Wimpey began authorized proceedings final July.
It alleges defects, together with lacking or insufficient fire-stopping round service penetrations, compartment partitions failing to attain the required 60-minute hearth resistance, lacking or faulty cavity obstacles, and poorly designed and put in air flow methods.
One block comprising 59 flats was additionally discovered to allegedly have a non-compliant technique of escape, leading to unsafe evacuation routes within the occasion of fireside.
Whereas the dad or mum firms admit that ACL was chargeable for the design and development of the exterior partitions of Morea Mews, they are saying the defects had been attributable to different firms and subcontractors concerned within the improvement.
“Additional, Taylor Wimpey [is] not itself a ‘really harmless’ celebration. Taylor Wimpey was (or ought) itself to have been a educated developer, which owed its personal duties and obligations, together with an obligation beneath part 1 of the [Defective Premises Act], and engaged consultants,” the defence says.
In line with Taylor Wimpey’s authentic declare, ACL acknowledged the existence of the defects and agreed in 2023 to hold out the remedial works at its personal value. Nevertheless, the contractor deserted the challenge in March 2025 after telling Taylor Wimpey it was struggling financially.
ACL filed for administration on 28 August following mounting monetary stress linked to historic constructing remediation claims.
In its declare, Taylor Wimpey can also be searching for £3.5m to switch or restore fixtures and fittings. The housebuilder claims they suffered harm from water, mould and rodent excrement after being saved improperly by ACL
Of their defence, ACL’s dad or mum firms deny that the fixtures and fittings had been inadequately protected or saved. They’re asking Taylor Wimpey to show the harm was attributable to the alleged improper storage.
The corporations additionally query Taylor Wimpey’s settlement with the owners and say it was not “cheap” to pay them £13,759.19 per thirty days to supply their very own momentary lodging.
As well as, the corporations have referred to as on Taylor Wimpey to reveal if it has recovered any sums from different events.
Taylor Wimpey declined to remark.
The Ardmore firms didn’t reply to Development Information’ requests for remark.
