Damages granted for defective work

AN ELDERLY widow suffered from stress and anxiety because of the poor workmanship of a builder to whom she had paid €23,000 to…

AN ELDERLY widow suffered from stress and anxiety because of the poor workmanship of a builder to whom she had paid €23,000 to replace a small utility room in her home.

Kathleen O’Leary (84), Cherryfield Road, Walkinstown, Dublin, told the Circuit Civil Court yesterday she had suffered as the result of a litany of defects left behind by building company Cranlowe Ltd, run by father and son Patrick Cowzer and Patrick Cowzer jnr.

When she had complained to Cowzer snr about her house being flooded and having to live in the dark because of electricity failures, he had become very aggressive and abusive towards her.

Martin McDonnell said Ms O’Leary had contracted with Cranlowe to demolish her old utility room at the rear of the house and build a new one. Part of the work was to increase security.

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Ms O’Leary said the Cowzers, whose company address was in Terenure, Dublin, did not live very far from her and she had an oral contract for the building of a 1.82m (6ft) square utility room. She said the work had been very unsatisfactory. Shortly after completion, her house was flooded and the electricity failed. It had not been earthed.

Quantity surveyor Kevin O’Rafferty told Mr McDonnell Cranlowe had failed to insulate the room properly or to fit under-floor ventilation, all of which would eventually cause dampness.

Having listed 20 shortcomings in the workmanship, Mr O’Rafferty said a CCTV survey of underground piping revealed defects which resulted in foul water leaking into the surrounding soil.

He added that a contract price of €18,000 would have been reasonable for the job, for which Ms O’Leary had paid €23,000. He estimated it would take €14,912 to carry out all the remedial work.

Mr McDonnell told the court that judgment in default of defence had been obtained in November last year against Cranlowe and assessment of damages adjourned until yesterday.

There was no appearance in court by Cranlowe.

Circuit Court president Mr Justice Matthew Deery awarded Ms O’Leary €14,912 damages against Cranlowe for necessary remedial work and added €3,500 compensation.