Construction company BAM cannot be held responsible for the damage suffered by floor supplier Bubbledeck after the collapse of a parking garage at Eindhoven Airport. This has been determined by the court in Utrecht. Bubbledeck wanted to recover 10 million euros in damage from the construction company. After the collapse of the garage, Bubbledeck received no new orders.
Garage P1 collapsed on May 27, 2017, two weeks before completion, after BAM started construction in 2016. The material for the floors was supplied by Bubbledeck. Over time, cracks formed in the roof floors, eventually resulting in a partial collapse of the garage.
Various investigations, including by BAM itself and by TNO, showed that the collapse of the structure occurred at a seam between two floor parts.
Bubbledeck believes that BAM could have prevented the collapse if measures had been taken immediately after discovering cracks. According to the judge, it has not been demonstrated that the construction company was negligent. "Cracks in the roof floor have indeed been reported and research has also been conducted," said the court.
In the legal proceedings, Bubbledeck also demanded corrections in, among other things, one of the investigation reports and a press release from BAM. Bubbledeck would be wrongly designated as the culprit. The court also rejects the demand for rectification, because there was no question of unlawful statements or publications.
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