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Latest News Oct. 1999 Nov. 2003 Apex purchased in the region of £2m of Cembrit Blunn (now known as Cembrit) products and considered themselves good customers. Sept. 2000 Nov. 2003 Apex supply and fix Cembrit Blunn (now known as Cembrit) Zeeland slates to Countryside site at Aberfeldy Estate, East London and Crest Nicholson site at Greenhithe, Kent. Aug. 2003 Countryside’s clients East Thames Housing Group refuse to issue the make good defects certificate on the grounds that slates were lifting and curling and therefore unacceptable. Sept. 2003 Roy Leader (Apex) meets John Penrose (Cembrit Blunn (now known as Cembrit)) at Aberfeldy to discuss lifting and curling slates. Penrose states he had not seen this phenomenon before. Spencer Brown (Brown Roofing) later advised us he had identical problems with Cembrit slates at Unit 850 Colchester Business Park at which Penrose had been involved for some considerable time prior to the Aberfeldy project 11 Nov. 2003 Meeting at Aberfeldy with representatives of ETHG, Countryside, Apex, Cembrit Blunn (now known as Cembrit) and Dansk Eternit (manufacturer of Zeeland slate). Dansk Eternit technical personnel decide no samples required for testing following inspection from cherry picker. 21 Nov. 2003 Dansk Eternit decide they do want samples of distorted slates from Aberfeldy and return to collect same. Apex take samples as well for testing by Stanger Laboratories (Buena Vista) of St Albans. Jan. 2004 Dansk Eternit report on slates states ‘deficiencies were found in the paint thickness on the front side’. This proved incorrect and Cembrit Blunn (now known as Cembrit) later admitted the problem was the covering of the back of the slate as stated in the Stanger Report. Feb. 2004 Stanger Report of Zeeland Slates issued to interested parties. Report criticizes lack of coating to back of slate. Apex meet NFRC, Cembrit Blunn and Brown Roofing at Unit 850, Colchester Business Park where Newland slates are lifting and curling. Neville Harris (NFRC) states re-riveting of distorted slates not an option. Brown Roofing had repaired this roof eight times in 4 years. Increased ventilation was installed at Cembrits request but they continued to cite the design or poor workmanship for the slates failure. British Board of Agrement were sent Stanger Report but refused to re-test Zeeland slate or visit Aberfeldy to see the problem in-situ despite several written requests to do so. 27 Feb. 2004 Karl Worre Jorgenson (Vice President of Dansk Eternit) sends email to Mark Fisher agreeing with findings of Stanger Report. This letter was later given to Apex and formed the basis of Cembrit Blunns (now known as Cembrit) copyright action against Apex. The fact that the letter admits the ‘curling is caused by an imbalance between the front and the back side of the slate due to differences in the paint layer thicknesses’ but Dansk Eternit considered this irrelevant. Jul. 2004 Cembrit Blunn (now known as Cembrit) send letter to Apex acknowledging tests found some Zeeland slates had inconsistent application of back coating making them susceptible to lifting and curling with claims that the manufacturing process was being improved. This improvement was to be completed by early 2005. Nov. 2004 Apex send out circular to NFRC members warning them of problems with Zeeland slates because the NFRC refused to act. 18 Nov. 2004 Construction News front page story featuring problems with Zeeland slate. Cembrit Blunn (now known as Cembrit) send out press release refuting Apex claims even though their letter of July 2004 admits to manufacturing problems. Cembrit Blunn (now known as Cembrit) now consider the inadequate installation of the slates and/or design of parts of the roof structure as the reason for the distorted slates. The High Court were later to exonerate Apex’s workmanship and Countryside Properties design. Dec. 2004 Roof Cladding and Insulation magazine feature dispute over Zeeland slate. Apr. 2005 The letter from Dansk Eternit to Cembrit Blunn (now known as Cembrit) of 27 February 2004 admitting problem with Zeeland slate given to Apex’s solicitors. May 2005 The letter is shown to Countryside and Crest Nicholson substantiating Apex claims regarding the Zeeland slate. The Chairman of Countryside Plc writes to his opposite number at Dansk Eternit to arrange a meeting in an attempt to break the deadlock enclosing the 27 February 2004 letter. Jul. 2005 Cembrit Blunn (now known as Cembrit) issue High Court injunction to prevent further use of letter and then begin copyright proceedings against Apex. Feb. 2006 Apex win right to twin copyright and defective slate issue in one case. Nov. 2006 Cembrit Blunn/Dansk Eternit (now known as Cembrit) v Apex Roofing Services heard in High Court Chancery Division in 13 day case. 5 Feb. 2007 Cembrit Blunn/Dansk Eternit (now known as Cembrit) v Apex Roofing Services (Case no. HC05CO1951) Judgment from Mr Justice Kitchin concludes that lifting or partially lifting slates were not satisfactory. He also exonerates Apex work-manship which Cembrit Blunn (now known as Cembrit) had claimed was the cause of the lifting and curling. |