Couple win €30k off negligent builder

An Athlone couple had a seven year battle with a builder formally resolved in the Circuit Court this week (December 7 ), when a judge awarded them over €33,000 in lieu of shoddy work at their home.

Debra McLoughlin and Barry Delaney of 28a, Priory Park, Coosan had sued Millrace Construction Ltd and were in court this week to have the level of damages assessed.

Barrister for the couple, Mr John Hayden, told Judge Anthony Kennedy how the waste pipes were a poor standard, the rear patio door step was a “trip hazard”, the extractor fan vented straight into the attic space which led to “elevated moisture levels there”. He went on to tell of cracks in the bedrooms, on door heads and ceiling joints.

“They [the defendant] came out once and sealed a back window but have done nothing else,” said Mr Hayden.

He told the court an independent consulting firm, McNamara Engineering assessed the cost of all the repairs at €33,756, including VAT, and though the firm was not in court, its report was handed into the judge. The house had been purchased for €152,000 off the plans in July 2003.

“It’s getting worse and worse,” said Mr Delaney in his own evidence.

“All the doors in the house don’t work properly, the shower leaks into the living room. We can’t paint it or do anything,” he said.

“We’ve two small kids. We haven’t the money to fix up the house.”

Mr Hayden told Judge Kennedy that “the latest information is the company hasn’t gone into liquidation but we have no idea if it has any assets”. Millrace Construction was not represented in court.

“Very well. I decree for the amount of €33,756 to the plaintiff and order the defendant be notified forthwith,” said the judge.

 

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