JPMorgan files £21.5mn lawsuit over precious metals warehouse flaws

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JPMorgan Chase has launched a £21.5mn lawsuit in opposition to a small UK building firm over alleged constructing defects at an east London warehouse the US lender makes use of to retailer valuable metals.

The Wall Avenue financial institution is suing Marbank Building, which was contracted to design and construct the warehouse, in London’s Excessive Court docket after JPMorgan suffered “in depth losses” because of the alleged faults, in accordance with courtroom paperwork reviewed by the Monetary Occasions.

Higher identified for occupying skyscrapers in monetary districts, lenders resembling JPMorgan use out-of-town storage items to carry valuable metals as a part of their commodities companies.

Nevertheless, particulars of those premises are sometimes stored beneath wraps for safety causes and JPMorgan has not made its possession of the property in Belvedere, east London, public till now. The financial institution has related premises in New York and Singapore, in addition to a vault in central London.

In paperwork submitted to the Excessive Court docket, the financial institution alleged that inspections carried out by a 3rd occasion in 2019 uncovered cracks within the warehouse’s concrete service yard. Faults with the warehouse’s underground water tanks have been additionally discovered, in accordance with the lawsuit.

The financial institution claimed that these defects compelled it to demolish components of the premises and search different storage amenities, inflicting it to undergo “in depth losses”.

Marbank, a Surrey-based firm that specialises within the design and building of business and industrial buildings, acknowledged the existence of some points with the warehouse however denied any legal responsibility for JPMorgan’s alleged losses.

The financial institution is searching for £11mn to cowl remedial works on the London warehouse and an additional £10.5mn to get well prices arising from its use of different storage amenities.

In its defence submitting, Marbank claimed that as a result of JPMorgan was utilizing the premises to retailer heavy items, this necessitated a “substantial improve” within the load the construction might take, that means the premises required “enhanced specification”. The warehouse was initially constructed for drinks firm Diageo.

Marbank additionally stated it had provided to hold out remedial works to the premises without charge to JPMorgan, including that the financial institution refused to allow Marbank to hold out its personal inspection or investigations earlier than hiring one other contractor to hold out demolition work. JPMorgan stated Marbank was invited to the premises for inspections.

Marbank added that the declare “seemed to be grossly exaggerated and considerably in extra of the cheap prices of vital works to treatment the alleged defects”.

The corporate additionally alleged that BWB, an engineering consultancy that served because the mission’s structural engineer, acted negligently, including that it will search damages from BWB if JPMorgan’s case was profitable. BWB denied that Marbank was entitled to an indemnity or contribution to its potential legal responsibility to JPMorgan in its personal courtroom submitting and denied that it had breached its contract.

Marbank reported pre-tax income of £438,000 on turnover of £66.8mn for the 12 months to the top of July 2023, in accordance with its newest accounts filed at Corporations Home.

Wall Avenue lenders’ metallic buying and selling exercise has beforehand come beneath scrutiny within the US. Two former JPMorgan valuable metallic merchants have been final 12 months sentenced to jail for fraud, tried value manipulation and “spoofing” orders final 12 months.

The financial institution agreed in 2020 to pay a $920mn superb to authorities after admitting to manipulating valuable metals futures and US authorities bond markets over eight years.

JPMorgan, Marbank Building and BWB declined to touch upon the lawsuit.

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