Woman claims builders failed to fix 'serious defects'

A WOMAN has claimed before the High Court she was unable to move into her new home in Co Dublin because the builders failed to correct “serious structural defects” in the property.

Theresa McGuinness, an office manager, Brook Lane, Rush, Co Dublin has sued developers Thomas McFeely and Larry O’Mahony, and a company of which both are directors, for damages arising from an alleged agreement to buy the house at Cloch Choirneal, Old Coach Road, Balrothery, Balbriggan.

The action is against Coalport Building Company Ltd, Mr McFeely, Ailesbury Road, Dublin, and Mr O’Mahony, Shrewsbury Road, Dublin.

Ms McGuinness claims she did not finalise the agreement to buy the terraced house because of the failure to correct serious defects, including problems with the roof tiling and flooding in the garden, and had moved into another house.

The defendants plead there was nothing wrong with the house and deny any breach of contract.

John O’Donnell SC, for Ms McGuinness, said she had in July 2004 entered into a written building agreement with the defendants to buy the house for €352,000. She paid a deposit of €3,000 in 2002 and made another part payment of €25,000 in April 2004.

In evidence, Ms McGuinness said the house was to be a new beginning for her and she had planned to operate a business there. In April 2004, she was given a key to the house so she could store her possessions. She spent thousands fitting out a bathroom, supplying an oil burner, fireplace, tiling, door handles and installing an ISDN line.

After she moved out of her previous home in May 2004, the house was not ready. Mr McFeely had told her to move into an hotel, which he would pay for, and the house would be ready in a few weeks. She spent two months in an hotel, which cost €5,000, between May and July of 2004.

She was advised by her experts in July 2004 there were serious problems with the house which needed to be rectified, and informed the defendants of this.

In late July, her architect and a building adviser met Mr McFeely at the house but he became aggressive and ordered them out of the house, she claimed. In December 2004, she was informed the defendants were not going to proceed with the sale of the property.

In 2005, she bought another smaller house in Rush after renting for 15 months.

Cross-examined by Richard Downey, for the defendants, Ms McGuinness denied that she had never intended to move into the house or was unwilling and unable to do so. The case before Mr Justice Peter Charleton continues.