The cost of remediation of buildings damaged by the incorporation of pyrites into them is considerable. This is unavoidable where the construction works have been completed and, typically, the pyrites are in the sub-base of the construction. The pyrites expand in certain circumstances, deforming the floor and walls and other structural elements of the building. The current estimate is for 1,100 private dwellings affected. It has been estimated that each will cost €50,000 to repair. That’s a total of €50 million. […]
If a respondent is still trading (not in liquidation) it is open to the claimant to take the claim to arbitration with some prospect of making a recovery.
There is nothing inherently evil about the Irish construction industry that the Government should seek to impose unfair costs in it. Those costs will fall inevitably on workers and their families.
Construction and the construction industry is, however, a focus.
The Duke resembled some of Ireland’s developers;
The lesson is this; when the builders leave, carefully examine the work, time is running!
It is common in building agreements for the “employer” to hold back some monies due to the builder/contractor under the contract. This money is known as “retention money”.
The reason for this lies in a practice common in the construction business, of issuing “letters of intent”. The intended purpose of these is to start the process of negotiation of the terms of the contract (or even to just gain time while the contract is being drafted), but to avoid inhibitions in the commencement of work.
Litigation lawyers fight. If a lawyer is not generally fighting, he/she is not in litigation. Sometimes the lawyer is fighting for a plaintiff and sometimes the lawyer is fighting for the defendant.
As the court noted, there was not a clear contract in writing agreed between the parties. (Drawings and specifications were not sufficient to meet the need).