The housing association’s Martlet Homes arm is seeking damages for alleged negligence and breach of contract in the design and construction of refurbishment works dating back to 2006-2008.
The £14.9m upgrade works carried out by Mulalley to the five blocks of flats included the design and installation of cladding.
Martlet is seeking compensation for costs of remedial works claiming Mulalley’s original work suffered various defects in the fire barriers and failure properly to fix the insulation boards to the external walls.
In its defence, Mulalley has admitted a number of breaches of contract but denied this caused any loss claiming that after Grenfell, the housing body was in any event required to replace the combustible expanded polystyrene cladding fitted as insulation below render to the towers.
Details of the case have emerged over complex legal points about whether amended particulars of claim concerning a later legal exchange about whether it was appropriate to use EPS in the first place could be included.
Justice Pepperall ruled that while parts of the exchange of arguments should be struck out, Martlet had permission to amend its particulars of claim.
The housing blocks in the case have since been reclad by Axis Europe which used cladding specialist Lawtech to replace 14,000m2 of external wall insulation to all five high rise blocks.