Donegal couple awarded €278,000 damages over tilted home

A Co Donegal couple whose home has been left on a permanent tilt have secured €278,000* damages at the High Court.

Kevin and Grit McGee and their three children moved into their home at Churchill, Letterkenny, in 2008 after purchasing it for €430,000.

They claimed the house was built on defective foundations laid on unsuitable ground.

They said severe cracks started to appear in the floors and extensive repair works had to be carried out. An inspection by an engineer revealed the cause of the damage was due to the foundations, they added.

While the house has been repaired and is now structurally safe, it has been left with a permanent tilt, they said.

The couple had sued architectural technician Michael Friel, trading as Michael Friel Architectural Design and Surveying, for economic loss in respect of works done to date and works to be carried out in the future.

The defendant admitted negligence but denied liability for any loss suffered by the plaintiffs on grounds that damages for economic loss cannot be recovered in a negligence action.

The court heard the couple had also sued, and secured judgment against, the house builder, Mark Alcorn, who has since left the jurisdiction.

In her judgment, Ms Justice Iseult O’Malley dismissed the company’s claim regarding damages and said the couple were entitled to damages totalling €278,000 under a number of headings.

These headings included costs of works done to stop the house from moving and costs of refurbishing the property and its garden, she said.

The family also had to put up with very intrusive noisy and messy repair works at their home, she added.

* This article was edited on February 6th, 2016