Taylor Wimpey is suing an architect for up to £50m, claiming it was responsible for cladding defects at a 450-home high-rise scheme in Cardiff.
Victoria Wharf in Cardiff Bay features seven residential towers, each over 18 metres, and was completed in 2008. The scheme was developed by Taylor Wimpey, built by Taylor Woodrow and designed by Holder Mathias Architects (HMA).
In 2019, a survey of the building found fire safety defects with its cladding, cavity barriers and insulation, according to Taylor Wimpey. The developer alleges these constituted “an imminent danger to the health and safety” of residents and “rendered the apartments unfit for human habitation”.
In a court claim filed in November 2023, Taylor Wimpey says Victoria Wharf was built with two different types of render facade systems as well as a timber cladding system and a weatherboard system.
It alleges that all of the systems featured combustible materials and lacked required cavity barriers – adding that it had entered an agreement with leaseholders to fund and deliver the remediation work in the first instance.
Taylor Wimpey says initial estimates put the cost at £28m but a later estimate carried out by management company FirstPort Property Services on behalf of leaseholders put the cost at more than £50m.
It is pursuing HMA for the costs of investigatory and remedial work. It will provide full details of “the remedial works and costs of the same in due course upon finalisation of the scheme”.
Taylor Wimpey alleges that the architecture practice was responsible for designing the allegedly non-compliant external wall systems, saying this was a breach of its contract and its statutory obligations and amounts to negligence.
HMA denies the claims, arguing that the design of the external wall systems was carried out by contractor Taylor Woodrow, specialist facade design subcontractor SERS and specialist suppliers Alsecco, Envirowall and Eternit.
“HMA’s role was one of coordination and integration,” it argues in its defence document, also filed in November 2023.
“HMA used reasonable skill and care in and about the provision of its services,” it says. “HMA denies that HMA’s design intent for the external wall systems failed to comply with the relevant guidance in Approved Document B at the material time as alleged.”
It adds that Taylor Wimpey has no claims for breach of contract, as its contract was novated to Taylor Woodrow, and says that any liability it has would be “limited to the sums that it would be just and equitable for HMA to pay having regard to the responsibilities of others”.
The practice also says Taylor Wimpey has “failed to provide any initial disclosure together with its amended particulars of claim”, adding: “This has hindered HMA in the preparation of its defence and HMA reserves the right to raise this issue in due course.”
Last month a consent order was agreed by the parties, which will see the case halted for three months – after which it is scheduled to be listed for a court hearing.
When the build started, Taylor Woodrow and Taylor Wimpey were part of the same group, but the sale of Taylor Woodrow Construction to the Vinci Group was agreed in September 2008.
Taylor Wimpey, HMA, Taylor Woodrow, Alsecco, Envirowall and Eternit have been contacted for comment.
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Will Ing