New Lynn's architecturally-designed Merchant Quarter at 28-42 Totara Ave.
New Lynn's architecturally-designed Merchant Quarter at 28-42 Totara Ave.
A court claim has been lodged alleging defects in Auckland’s prominent suburban apartment, car parking and retail Merchant Quarter building in New Lynn although the matter has not reached a hearing and the defendants approached were unwilling to discuss the case.
Owners represented by three bodies corporate engaged lawyers JonathanWood and Jeanne Heatlie of Court One to prepare a statement of claim where a detailed list of alleged roof and deck, walls and joinery, weather tightness, structural, fire protection, services and interior defects appears.
That has been lodged naming many defendants, including Auckland Council, Infratil and Beca.
A council spokeswoman said: “I have checked in with our legal team about this and can confirm we will not be commenting at this stage. I’m told this is a complex claim that’s still in the early stages. The council is still awaiting further information from the plaintiffs regarding the alleged defects and quantum.”
Infratil company secretary Brendan Kevany said: “Our policy is to not comment on any such inquiry.”
A Beca spokesman said: “Given the matter is before the courts, we are not in a position to comment.”
The statement of claim names the council for its role in “issuing building consents, inspecting building work and issuing code compliance certificates. The council was also the developer and/or codeveloper of the Merchant Quarter”, the statement of claim said.
Infratil Infrastructure Property was also named as “the developer and/or co-developer of the Merchant Quarter”.
Beca Carter Hollings & Ferner was “responsible for inter alia the design, observation and certification of the fire protection aspects of construction at the Merchant Quarter”.
Apartments were developed above a podium close to the train station, resulting in the town centre’s first high-rise residential project.
Back in 2013 when the Merchant Quarter was being built in New Lynn. Photo / Greg Bowker
The Merchant Quarter has 12 retail units, more than 100 apartments and many lower-level car parks.
The claim alleges defects with the membrane on the podium level five, which it is claimed are affecting the whole podium, resulting in surface cracking of the upper carpark level ceiling due to a number of alleged problems including insufficient drainage fall, poor membrane installation, gaps and lack of membrane dressing.
Defects are claimed to a curtain wall system, which the plaintiffs say has resulted in joinery failures and leaks into units during testing and rain.
The plaintiffs claim structural defects and cite corrosion to “multiple areas” of steelwork. An alleged “significant” crack on the underside of a precast floor unit on level two of the car parking area was cited. Alleged deterioration was cited in fixtures holding the decorative Corten panels onto the Merchant Quarter’s exterior.
Alleged fire protection defects include claims relating to incorrect application and installation of passive fire products and systems in parts of the building. Poorly fitted fire collars, no fire stopping in power points, light switches and other service points in parts of the building are also alleged by the plaintiffs in the claim.
It is alleged that service defects have resulted in poor indoor air quality in the lobbies and corridors of parts of the building.
Weather tightness defects are being claimed. The statement of claim says water is penetrating behind inadequately and incorrectly detailed finishes in bathrooms and laundry areas in some units on levels nine, 10, 11 and 12.
But the claim also says further testing is to be undertaken to increase the sample size to confirm the defects identified were not isolated in nature.
None of the alleged defects have been proven in court.
Scott Dunn of apartment specialist real estate agency City Sales said the statement of claim was being sent with other documents to anyone asking about buying a Merchant Quarter apartment.
“We have been involved with the sale of defective apartments for nearly 30 years so we understand disclosure requirements. Litigation and remediation are also mentioned in the advertising copy. The solicitors for the litigation are involved in the approval of sale contracts,” Dunn said.
Anne Gibson has been the Herald’s property editor for 24 years, written books and covered property extensively here and overseas.
