Belfast Telegraph

Deciding who pays for damage could become ‘legal minefield’

- BY MARGARET CANNING

ESTABLISHI­NG whether anyone can be held liable for the fire that tore through Primark’s flagship Belfast store could be an arduous and long process, it has been claimed.

A £30m extension of the Castle Lane store was being carried out by Co Meath company Bennett Constructi­on before work came to a stop on Tuesday, nearly two years into the project.

The firm did not respond to requests for a statement. It has had a long-running relationsh­ip with Primark — which operates as Penneys in the Republic — including carrying out work on the company’s Dublin store.

At this stage it is too early to determine what caused the fire and any responsibi­lity.

A constructi­on industry insider said finding out if any party can be held responsibl­e “will be an absolute legal minefield”.

He added: “Any CCTV would have been destroyed in the fire, unless something is held off-site.”

Solicitor Ciaran McNamara, a senior associate in the constructi­on practice of law firm Pinsent Masons, said that where an extension is being carried out on a building, insurance obligation­s were likely to still rest with the owners of the building.

“In a new build developmen­t, the contractor would normally provide the insurance, but in a pre-existing structure, to avoid competing insurance interests, the owners of the existing structure would usually take on the insurance obligation­s,” he said.

However, a contractor carrying out work on a site would have to be compliant with health and safety and fire risk statutory obligation­s. “Any failures to comply with these can carry serious consequenc­es, including criminal penalties,” he added.

Chris Wallace, a solicitor at Worthingto­ns, said a contract held with a company carrying out the constructi­on in a case such as this would be closely studied.

“If fault or responsibi­lity is attributed to any third party contractor, the landlord/tenant/owner will undoubtedl­y try to recover any loss from them,” he said.

“Generally, once the cause of the fire has been identified then that should determine whether it is the tenant, landlord or contractor — whichever is applicable — whose insurance policy ought to respond to the events.”

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Smoulderin­g: Building yesterday

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