TWO WOMEN who bought a one-year-old house in 2002 were unable sell it three years later when allegedly serious structural defects were found, it has been claimed before the High Court.
Claire Moloney (38) and Patricia Feeley (37) are suing Erris Homes Ltd, Belmullet, Co Mayo, alleging negligence and breach of contract in the construction of the house at Summerfield, Dublin Road, Castlebar.
They are also suing an engineer, James Maloney, Childers Heights, Ballina, claiming negligence over allegedly certifying the house as being built in accordance with good building practice when, they claim, it was not.
It is claimed there is serious subsidence, evidenced by cracks and damp appearing in walls, because fill material used for the foundation at the front of the house, which is on a steeply sloping site, was not suitable, too deep and not adequately compacted.
The defendants deny the claims. In separate defences, the builders say good fill material was used, while Mr Maloney pleads he carried out his engineering duties in accordance with good practice.
There were only three complaints out of an estate of some 78 houses built in 2001, including from the two women and their neighbour, Erris Homes argues.
Ms Justice Mary Laffoy heard that Ms Moloney, who works in an accountant’s office, and Ms Feeley, a dental nurse, had paid €132,000 for the three-bed semi-detached house in August 2002 with the intention of selling it three years later at a profit.
Ms Moloney has since married and moved out of the house but continues to pay the mortgage with Ms Feeley who still lives there, Conor Maguire SC, for the plaintiffs, told the court.
When they tried to sell the property in 2005, two prospective purchasers who had offered €210,000 pulled out when they saw cracks in the walls, counsel said.
Mr Maguire said the estimated cost of demolishing/rebuilding the house was more than €700,000 due to the expense of underpinning the neighbouring attached house. It would cost considerably less, some €360,000, to demolish and rebuild both houses, counsel said.
His clients were seeking the value of the house at its 2005 price, €210,000, plus costs for disturbance and expenses, he said. The most recent valuation of the house was €145,000, he added.
John Mooney, an engineer employed by the two women, told the court he had examined both houses in 2006 and reported the cracks were likely to get worse.
Mr Mooney agreed with Bernard Dunleavy, counsel for Mr Maloney, that it was not possible for a supervising engineer to be on-site all the time when foundations for houses were being compacted.The hearing continues.