Wates is being taken to court in a £10m negligence case accused of installing “inadequate and defective” fire safety measures following a blaze at a council leisure centre.
Ironmonger Row Baths in Norman Street, London, suffered fire damage after a sauna caught fire in January 2022 and was forced to close for two years.
Now, London Borough of Islington Council has lodged proceedings at the High Court against contractor Wates and centre manager Greenwich Leisure Limited (GLL).
In its particulars of claim the council said it was seeking damages against Wates and GLL for allegedly breaching their contracts. It is also seeking interest and costs.
In total it is asking for £3.2m from Wates and £6.9m from GLL.
The papers say that Wates carried out extensive refurbishment work at the centre, including installing the saunas, and was responsible for the design, specification, supply and installation of appropriate fire stopping and compartmentation.
“The damage caused by the fire (and, consequently, the loss suffered by the claimant) was greater than it would have been because the fire stopping and compartmentation designed, specified, supplied and installed by Wates was inadequate and/or defective,” the claim says.
The council alleges Wates is in breach of its statutory obligations under the Building Regulations 2006 Act as well as its contract.
It alleges Wates failed to exercise reasonable care and skill in its design and workmanship and by supplying materials that were not “fit for purpose”.
The papers say Wates was also negligent for allegedly breaching its duty of care to install safety-critical fire-stopping measures and as such is liable for the indemnity clause in its contract, which requires it to compensate the council for losses arising from negligence and breaches of statutory duty.
The council is also seeking damages from GLL for failing to manage and operate the centre “adequately” and for allegedly not keeping the sauna area free of combustible material.
The conversion involved turning the centre’s basement into a spa facility, which included two saunas, two steam rooms, a plunge pool, male and female changing rooms, a communal area and a number of treatment rooms.
Wates carried out the work between March 2011 to November 2012, the papers say.
A lease between the council and GLL was later signed in 2015.
It is alleged that a receptionist turned on the lights and heaters in the saunas when she arrived for work at 8.30am on 6 January 2022.
“She did not check that either of the saunas was clean and free from debris and/or combustible material before switching on the lights and heaters in them,” the papers say.
“Shortly thereafter, the receptionist noticed an unusual smell which she reported to the duty manager.”
It was then that two decorators went to investigate and saw flames. They tried to tackle the blaze but were unable to do so and called the fire brigade, the court papers say.
“The likely cause of the fire was the presence of combustible material in the vicinity of the heaters,” the papers allege.
“The receptionist accepted that she would often find items in the saunas at the beginning of the day (that had been left from the day before). However, on 6 January 2022, she did not check for such items.
“Examination of the heaters after the fire revealed no evidence of defective terminations, localised heating damage or any failure of the heating elements.”
Wates and GLL now have to submit their defences with the court.
Wates, GLL and the council have been contacted for comment.
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Nicola Harley