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Although Cembrit Blunn (now known as Cembrit) conceded in correspondence with Apex that some of the slates had an inconsistent coating on the underside, they refused to replace all the affected roof slopes, offering only to carry out piecemeal remedial works using new rivets – which both Apex, the housing developers and the NFRC said was unacceptable and would cause more problems in the long run.

Despite many meetings and intense negotiations, the stalemate was only broken when Cembrit Blunn (now known as Cembrit) started legal proceedings against Apex, with a claim for breach of confidence and infringement of copyright over one of their own internal letters that Apex showed to the housing developers as evidence of their knowledge of the problem. Apex responded with a counter claim for breach of contract and damages.

The Judge, Mr Justice Kitchin, heard both claims together, finding both cases proved. However, the issue over the faulty slates dominated the hearing, with compensation to Apex and costs due to be assessed at a later hearing. Apex has already replaced the roofs on 59 properties with Marley Eternit Garsdale slates and is asking the Court to order Cembrit Blunn (now known as Cembrit) to reimburse them for the full cost of this.

After 30 years in business, Apex now anticipates Cembrit Blunn (now known as Cembrit) (who guarantee their slates for 30 years) will resolve any remaining roofing problems on other developments direct with the affected house owners.

Apex prides itself on the quality of its workmanship, which was reinforced by the Judge, who dismissed the attempts of Mr Chris Thomas, Cembrit Blunn’s (now known as Cembrit) slating expert, to discredit Apex’s workmanship in the course of the proceedings. Apex has around 50 staff and subcontractors many of whom have worked for the company since its early days.

Mr Leader added: “The slaters who gave evidence to the Judge have all worked for Apex for between 15 and 20 years and are highly experienced. Their work had been inspected by numerous people every step of the way. In the end, we knew that justice would prevail but it has been a difficult and expensive time for us; we now just want to put all this behind us and look to the future.”

Apex's case was handled by Lincoln’s Inn Barrister Jonathan D C Turner, and Solicitor Christopher Yemm from Fisher Jones Greenwood LLP in Colchester. Cembrit Blunn (now known as Cembrit) have indicated that they do not intend to appeal against the judgment.

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