The former partner of a woman who has taken an action for damages over the building of a house in Co Offaly, which has been condemned as unsafe, gave evidence in the High Court yesterday. He told the court that, when he returned from a weekend away in July 1997, the woman told him the house was going to "fall down".
Mr Jim Rawson said Ms Sarah Maria Leahy told him she had an engineer in to look at the house, where they were then living. She read out a list of things about the house but there were so many "it was a blur".
Mr Rawson said he and Ms Leahy were the builders of the house. Ms Leahy later told him she would sue Mr Joseph Rawson, brother of the witness, over the house but would not sue the witness himself. Mr Rawson said he had left the house the day after Ms Leahy had gone to a solicitor in July 1997.
He agreed with Mr Martin Hayden SC, for Garland Murphy and Associates, a firm of architects/engineers, that Mr Garland had given him a final stage payment in March 1997 after the witness told Mr Garland that final works would be finished off.
Yesterday was the 16th day of the action by Ms Leahy for damages against Mr Joseph Rawson, of Tinahely, Co Wicklow, over the renovation and extension of the house at Ballykelly, Cadamstown.
Ms Leahy had also sued Mr Fergus Garland and Mr Peter Murphy trading as Garland Murphy and Associates, Clonminch, Tullamore, Co Offaly and Irish Permanent plc. However, earlier this week, Mr Justice O'Sullivan dismissed all claims against Irish Permanent plc.
In relation to Garland Murphy, the judge found the claim that they were engaged to supervise the building works had not been established and that, on the evidence of the plaintiff, they had not been engaged to supervise the building. He also found no evidence to support any claim of structural instability in the walls of the house or any claim of defective foundations.
The case is proceeding against Garland Murphy over allegations of negligence which relate to them being allegedly asked to look at Ms Leahy's property in August 1996 and relates to changing the design of the roof.
Ms Leahy claims the house structure is uninhabitable and it will have to be demolished and replaced with a new structure. She is seeking damages of €212,000.
The defendants deny the claims and plead that, if any works are necessary, these are remedial in nature only and the building of a new structure is not required.
The hearing resumes on Tuesday.