How would this play out under SI.9?

by Bregs Blog admin team

evidence-of-dampness-leeds-house

Couple win €291k in damp home ordeal” by Tim Healy – see article here.

While reading the following article in the Herald on 25th June 2014, we wondered how this legal case would play out under the new building regulations?

Extract:

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A COUPLE have been awarded €291,000 after a court heard they had to leave their newly-built dream home because of damp.

Dolores and Stephen Nimmo sued builders Mulreid Construction Ltd over its failure to install a proper damp course in their house at Tallansfield Manor, Dundalk, Co Louth.

The couple paid Mulreid, of Ardee, Co Louth, €326,000 to build the house which they moved into in May 2006.

The High Court heard that instead of a proper damp course, a thin plastic barrier similar to a radon barrier was put in during construction of the foundation with the result that dampness seeped into the house.

Judgment was entered last year against Mulreid Construction in absence of a defence, and yesterday the case came before Mr Justice John Hedigan for assessment of damages.

The judge said it was the type of case relating to poor quality building that was too often before the courts.

It was supposed to be the couple’s dream home, but it has turned out to be a nightmare and he was sorry for the trouble they had endured.

He also said damp was a terrible feeling in any house and to varying degrees turns the dwelling “into enemy territory rather a home”.

He awarded them €131,609 for the cost of repairing the damp along with €160,000 for trauma and suffering.

Mrs Nimmo said she, her husband and three children had moved from Dublin to Dundalk into what they expected would be a dream home.

The house was very costly to heat and there were a number of other problems which Mrs Nimmo brought to the attention of Mulreid’s Shane Rogers, who lived in one of the houses in the small Tallanstown development.

He said he would deal with the problems, but eventually refused to engage with her and she decided to take legal action.

Other posts of interest:

Opinion: Are builders + developers off the hook with BCAR?

Practical post 4: What if the builder goes bust?

Design Certifier – Can we leave it to the builder to sort out?

Are Design and Assigned Certifiers risking professional suicide with Pyrite and S.I.9? 

RTÉ Radio- CIF: professionals to Guarantee under BC(A)R SI.9

Summary of Legal Posts- BC(A)R SI.9

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