The High Court has ordered Keegan Quarries to disclose complaints made by other customers about allegedly understrength or unfit concrete as part of a €14 million Commercial Court dispute over a Dublin office development.
KC Capital Property Group claims concrete supplied by Keegan Quarries for works at 45-47 Cuffe Street, Dublin 2, failed to meet required compressive-strength specifications and had to be removed and replaced. Keegan Quarries disputes liability and says any problems arose from matters including the concrete ordered, workmanship by the contractor and the way the material was used.
KC Capital sought discovery of documents recording complaints, claims or disputes concerning concrete supplied by Keegan Quarries between January 1, 2022 and December 31, 2023 which was alleged to have insufficient compressive strength or otherwise be unfit for purpose.
Keegan Quarries argued that complaints involving concrete supplied to unrelated third parties were irrelevant to whether the concrete used at Cuffe Street was defective.
In a judgment delivered on December 4, 2025, Mr Justice Twomey disagreed. He said discovery is determined by the issues created by the parties' pleadings. Because Keegan Quarries has pleaded that any reduction in concrete strength was caused by KC Capital's contractor or other agents, similar complaints from other customers could potentially weaken that defence.
The judge also noted that KC Capital's amended case includes allegations of deceit and fraudulent misrepresentation. Those allegations remain unproven, but the court said fraud cases can justify somewhat greater latitude in discovery because relevant evidence may, by its nature, be concealed. Earlier, the High Court had found the fraud allegations were more than merely bald assertions and were supported by an expert report.
The court therefore ordered discovery of the disputed category. It stressed that KC Capital is not alleging a market-wide systemic failure by Keegan Quarries and that confidentiality concerns can be managed through normal discovery protections or additional safeguards.
The underlying €14 million claim remains unresolved.