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Marks & Spencer sues Lend Lease for 'defective' work

Exclusive: Marks & Spencer is suing Lend Lease Construction (EMEA) Ltd for £1.4 million plus damages and interest, after the installation of what it says was a defective glass system at a Manchester store.

According to documents obtained by CN from the Technology and Construction Court, the glass system was installed on a contract dated 21 July 1999, with works “practically complete” on 8 November of that year.

M&S says that on the afternoon of 12 September 2009, one of the panes failed “without warning”, with the area being cordoned off before the fractured glass fell to the ground.

The firm said that the cordon averted “risk of serious injury to members of the public”, and that ensuing inspections showed the glass works to be “defective”, breaching the contract - which, according to M&S, specified that Lend Lease was responsible for design, execution and completion of the works.

The retailing giant is claiming £356,983.93 in fees, £622,523.18 in build costs, and £443,605 in profits forgone – as a result of the breaches of contract, according to M&S - during the period from 12 September 2009 to 17 July 2010.

M&S is claiming:

  • £622,523.18 for main contractor construction works, overheads and profits.
  • £62,965 in fees to Gleeds Cost Management Limited, which acted as quantity surveyor for the health and safety scheme and the glazing repairs.
  • £7,013 in fees to Four Group for health and safety services.
  • £18,253 in fees to Four Group for project management services.
  • £104,984.96 in legal fees associated with health and safety works and glazing repair works.
  • £145,834.79 for the advisory services of Buro Happold.
  • £15,000 for the advisory services of Building Design Partnership.
  • £2,933.18 for the advisory services of Sandberg.
  • Damages to be assessed, declaratory relief and interest.

The incident is said to have occurred at a store at Longridge House, 7 Market street, Manchester, M1 1WT.

Osborne Clarke is serving as the claimant’s solicitor, with the claim form being issued on 27 July 2012.

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