Steinar Lausund and company FB AS is ordered to pay over 11 million to Your Living AS after the housing project Storfjord Allé was sold in 2012. Norconsult must pay 6.7 million because they vouched that the ground conditions were not preclude for planning permission.
Project: Storfjord Alle
it was in 2008 by Lausund purchased the undeveloped area on Wood Neset Alesund. At about 20 acres he planned to build townhouses, villas and flats for sale.
A total of 64 residential units, according to zoning.
Searched municipality
Via the holding company is Steinar Lausund (Chairman) together with his spouse owns all shares in FB Development (FBU).
In 2008, it submitted an application to Aalesund municipality to dig out of bog and replace it with rock masses. Busengdal Transport AS were engaged in the project.
In November, the municipality ready signal and permission for digging down to bedrock and mass replacement of 1 meter above the ground. It took lots of replacement throughout 2010 and the work ending in December was resumed in summer 2011.
doubted soil conditions
A clerk at the municipality expressed doubts as to whether the property was suitable for development because of excessive moisture in the ground.
Steinar Lausund discussed this with Busengdal, and the following was written to the presidency:
– We will debunk this assertion then we summer / fall of 2009 completed culvert trench from this area and even down to the next marshland. In this way, all water Depleted and we have replaced mass in substantially the entire area up to 6 meters high. The area will therefore perpetuity be a dry area with excellent qualities to build a residential neighborhood.
Basic interruption
A few days later it happened a reason violating property. Lausund explained in court that a smaller area where there had been mass replacement “daughter” one meter.
Lausund brought in a geotechnical assessment of ground conditions, and an expert was on inspection of Norconsult.
According Sunnmøre district Court was not expert unknown in the neighborhood.
a few years before, he had been involved in a shallow survey Norconsult had on the neighboring plot in west commissioned by Grønmyr kindergarten.
Myrlag
the expert wrote a note to the FBU that Norconsult after two inspections could ascertain that reason indeed been good along with the impression they had received for their own research on nursery site.
– the whole area was originally covered with a mighty myrlag which overlies a layer of clay with varying thickness. What that is under the clay layer, is not proven by Most Eins empty, but the kindergarten the lot we had indications that clay layer had a thickness of 2-5 meters with a thin layer of firmer masses just above the mountain.
Norconsult recommended control measurements. The results were worrisome, according to the judgment.
Sale construction project to Your Home
Ålesund municipality gave 2 July 2012 building permits for row of houses H (six linked houses) and row of houses G (four terraced houses) . Six new terraced houses received a building permit on December 3, 2012.
Construction work on G and H started in August 2012.
FBU and Lausund sold project Storfjord Alle to Your Living AS 20.6 million in November 2012.
in addition, paid Din Bolig AS roughly 7.5 million for costs incurred six homes.
News with the demolition of several houses
Closing Date was set for 1 December 2012. In september 2013 was row of houses H completed as frameworks.
20. September undertook Busengdal ramming ground right up to the houses. A few days later it was discovered large sentence damage to the two houses farthest north.
The situation was discussed and it was noted that the damage was so great that one could not rule out the demolition of several houses.
Your Living notified injury insurance . And eventually the company came with a claim against Lausund and FBU.
Lausund stated that they had dealt with the technical expertise and that Norconsult had “recovered” area. An expert from the insurance company was hired.
The conclusion was that the damage resulted sentence (see fact box) in building foundations. The insurance company rejected that Busengdal be held accountable.
fracture underground
Multiconsult was set to assess the damage. They concluded that the injuries had occurred as a consequence of the breach in the underground, most likely in stone embankment. The embankment was closed for almost heavy with too steep inclination.
Your Living AS ended up suing Busengdal, FB Development and Norconsult.
The reason sentence injuries were central during the trial. It was also revealed damage in spring 2015 at the foundations of houses F5 and F6 in the area.
According to the court was due to conditions in the area difficult. It will readily occur sentences by drainage channels out of the area.
– Thought he got the building site
Since clay layer is variable in thickness, so there may be skewed phrases pose challenges at homes.
the court concludes that the injuries during the first two houses are phrases in clay masses under stone embankment which the buildings stand on, possibly in combination with a smaller ground failure.
Sunnmøre District Court believes Din Bolig AS had reason to believe that they had bought a building site where the buildings could be put on compressed fillings when the sentences were done. As the case appeared to them, it was natural to conclude that subsidence measurements were performed as recommended in the paper of Norconsult.
Information Duty
Sunnmøre District Court refer to the information requirement for selling after dependent. Specifically, it means that the seller is responsible for ensuring that information is given to the buyer.
Sunnmøre District Court agrees with Your Home in the FBU be blamed for their failure to inform the development, and the need for several measurements Norconsult took up in 2011 and 12.
Lausund believed Norconsult had “recovered the area” but had claimed the verdict no explanation why Norconsult nevertheless recommended sentence measurements within an area that was “recovered” .
the court’s stance is that the FBU in Lausund acted with gross negligence when he was not informed about the “stated concerns relating to soil conditions”, it says in the judgment.
there is also recorded several basic violation of property in FBU’s ownership.
Norconsult judged because they faced authorities vouched that the ground conditions were not preclude that it could be granted building permission.
Lawyer Ole-Reinhart Notø assisted FB Development and Lausund in court. He tells Sunnmørsposten that it is too early to say whether they want to appeal the ruling.
– But it will not surprise me if that happens, says Notø.
Notø are aware that there were objections to the launching, when Lausund sold in 2012.
– at the time of sale, there was nothing wrong with the site, and Lausund acted in good faith, says Notø.
it had been him (sentences) two years earlier, but it had filled in and been promised that the sentences would decline. The building permit was issued, then the conditions for the problems ceased, believes Notø.
Six homes were listed, and there had been no problems around these. According to the lawyer is the core of the matter that Norconsult both had said that the sentences would decline, and that it was given the go-ahead.
– Lausund had no reason to believe that not things were okay.
– So who has not done his job here?
– If Norconsult was concerned problems with reason, then they should have said that “we give no declaration before it is made new measurements “. FBU has not acted wrongful believes Notø.
Disagree point
Lawyer Steffent Kvisler for Norconsult says that he has not yet been read the judgment carefully, but will come back to it.
Norconsult must pay 6.7 million in damages because they vouched that the ground conditions were not preclude a building permit.
– Norconsult disagrees with the judgment on that point. Further comments we have to come back to, say Kvisler.
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