{"id":472979,"date":"2023-01-27T06:50:20","date_gmt":"2023-01-27T06:50:20","guid":{"rendered":"https:\/\/www.constructionnews.co.uk\/?p=472979"},"modified":"2025-03-19T20:33:03","modified_gmt":"2025-03-19T20:33:03","slug":"willmott-dixon-sues-aecom-and-prater-over-high-rise-cladding","status":"publish","type":"post","link":"https:\/\/www.constructionnews.co.uk\/contractors\/willmott-dixon\/willmott-dixon-sues-aecom-and-prater-over-high-rise-cladding-27-01-2023\/","title":{"rendered":"Willmott Dixon sues Aecom and Prater over high-rise cladding"},"content":{"rendered":"

Willmott Dixon is suing five subcontractors and consultants as it attempts to recover the cost of fixing defective cladding<\/a> on a residential scheme in Woolwich, south London.<\/p>\n

Court documents obtained by Construction News<\/em> show that Willmott Dixon is taking the action after settling with client Tesco over the work carried out as main contractor on a mixed-use project called Woolwich Extra<\/a>.<\/p>\n

The original external wall system (EWS) of the 17-storey building, completed in 2014, was defective and did not comply with the Building Regulations or Centre for Window and Cladding Technology (CWCT) standards, the court filing states.<\/p>\n

The Kingspan Kooltherm K15 insulation used behind the cladding was \u201ca combustible material\u201d, according to the court documents, while standard-grade Trespa Meteon rainscreen cladding \u201cwas a combustible material and was not adequately fire rated\u201d.<\/p>\n

The use of K15 with fire-resistant grade CGL Wallplank rainscreen cladding also meant that the EWS \u201cwas not adequately fire resistant\u201d, Willmott Dixon alleges, adding that CGL Wallplank cladding did not comply with standards set by the CWCT.<\/p>\n

The legal papers also allege that \u201cthere were no cavity barriers around doors, windows and other openings, at abutments with other materials, corners and at the junction with the roof as required by [Approved Document B of the Building Regulations] and the [CWCT] Standard and workmanship in respect of other cavity barriers was poor\u201d.<\/p>\n

Tesco took legal action against Willmott Dixon in March 2020, but a settlement was reached on 30 April last year, with the contractor agreeing to carry out remedial works at a cost of \u00a346.67m.<\/p>\n

It is this figure plus VAT that Willmott Dixon aims to recoup from design-and-build facade specialist Prater and its parent company (and guarantor) Lindner; architects Sheppard Robson; fire consultants Aecom; and approved inspector AIS Chartered Surveyors.<\/p>\n

Willmott Dixon alleges that each of the defendants should be held liable for breach of contract in allowing the defective design and construction of the EWS in the first place.<\/p>\n

It adds that \u201cPrater designed and constructed the EWS containing those defects\u201d by including allegedly unsuitable materials such as K15, adding that the subcontractor was \u201cin breach of both its absolute obligations and its obligations to carry out its design with reasonable skill and care\u201d.<\/p>\n

Prater was obliged to carry out its design to \u201ca standard no less exacting than that of an architect or engineer experienced in designing cladding systems for substantial residential developments\u201d, Willmott Dixon argues.<\/span><\/p>\n

The papers conclude: \u201cIf Prater had complied with its contractual obligations the defects in the EWS would not have existed. Prater\u2019s breach of contract caused these defects.\u201d<\/p>\n

The main contractor also accuses Aecom of acting \u201cin breach of its obligation to use the skill, care and diligence which may reasonably be expected of a qualified and competent fire engineer\u201d. For example, Aecom breached its duty to \u201cset out the relevant means by which compliance of the EWS with the Building Regulations could have been satisfied\u201d.<\/p>\n

A \u201ccompetent fire engineer\u201d would have assessed the proposed design and advised that the proposed EWS products were unsuitable, Willmott Dixon adds.<\/p>\n

Sheppard Robson allegedly breached its contractual obligations by failing to ensure that regulation-compliant fire-resistant cladding was used in its design for the building. Willmott Dixon claims the architects should have known that the EWS materials were unsatisfactory.<\/p>\n

\u201cCompetent advice [to Willmott Dixon and Tesco] would have been advice that the proposed use of Kingspan K15 was not compliant with Building Regulations and the CWCT Standard,\u201d the court filing adds.<\/p>\n

AIS issued a final certificate for Woolwich Extra in March 2014 confirming that the development had been completed in line with the Building Regulations and could be occupied. But Willmott Dixon alleges that by signing off the use of Kingspan K15, AIS failed to ensure that the development complied with statutory requirements, and did not\u00a0use the \u201cskill, care and diligence which may reasonably be expected of a qualified and competent approved inspector\u201d.<\/p>\n

Legal representatives for Prater, Lindner Exteriors, Sheppard Robson, Aecom and AIS will present their case on 7 February in the Technology and Construction Court.<\/p>\n

CN <\/em>approached all parties for comment. Aecom and Willmott Dixon declined to comment. The other companies had not responded before this article went live.<\/p>\n

The remediation process at Woolwich Extra began in the second quarter of 2022.<\/p>\n

Willmott Dixon last year raised cladding-related provisions by \u00a327m to \u00a360.9m in total after the Building Safety Act came into force. CN <\/em>reported in July<\/a> that the firm was \u201cpursuing recovery\u201d from other organisations, which chief executive Rick Willmott said were \u201cultimately responsible for designs, fire-safety advice and insurance protection\u201d.<\/p>\n","protected":false},"excerpt":{"rendered":"

Willmott Dixon is suing five subcontractors and consultants as it attempts to recover the cost of fixing defective cladding on a residential scheme in Woolwich, south London. Court documents obtained by Construction News show that Willmott Dixon is taking the action after settling with client Tesco over the work carried out as main contractor on …<\/p>\n","protected":false},"author":135716,"featured_media":473024,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"ep_exclude_from_search":false},"categories":[57172,578,2164,546],"tags":[],"yoast_head":"\n\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n\t\n\t\n\n\n\n\n\t\n\t\n\t\n