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Client: Major National Contractor and Specialist Sub Contractor in prefabricated modular construction.
Situation: This dispute concerned a 900-unit new build multi storey student housing block in the UK. On completion it was discovered that there were numerous alleged defects within the accommodation, and, most acutely, that the vertical drainage stacks had not been properly connected, sealed or tested before occupation. This was an immediate and severe problem, making it necessary to evacuate all student occupants and find them alternative accommodation at short notice. As a consequence considerable costs in relation both to the making good of the defects and for the provision of alternative accommodation.
Action: A member of Probyn Miers was appointed as the arbitrator. The case was conducted through to a hearing.
Result: The case settled 3 days in to the hearing.


Client: Irish property developer and UK firm of architects and town planners
Situation: A property developer had commissioned these architects and town planners to design and submit planning application for a new residential development in central Ireland. The project concerned a multi storey property and associated car parking on an urban site. Planning consent was refused, and it was alleged by the property developer that this was due to the architects’ inadequate consultation with the local authority during the early design stages. The developer also alleged delay, leading to substantial losses which flowed at the time when the property market collapsed.
Action: A member of Probyn Miers was appointed as the arbitrator. The matter went through various interlocutory stages and a hearing commenced.
Result: The matter was ultimately settled by negotiation before the hearing was concluded or an Award published.


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