AN architect company has been ordered to pay more than €250,000 in damages to a Churchill family whose homes been left with a permanent tilt because of defective foundations.
The High Court in Dublin ruled in favour of Kevin and Grit McGee against Michael Friel, trading as Michae Friel Architectural Design and Surveying.
The couple, who have three children, have already won a case against builder Mark Alcorn, though the court was told he was no longer in Ireland.
The McGees 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 foundation.
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 Mr Friel for economic loss in respect of works done to date and works to be carried out in the future.
They sought costs, including for alternative accommodation for them while the work is being done. They also sought damages for emotional suffering and distress.
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 McGees’ action was in relation to certificates issued stating Mr Friel had inspected the construction and foundations of the house and that they were satisfactory and suitable.
It was claimed the foundations were in fact unusually defective and laid in unsuitable ground.
In her judgment, Ms Justice Iseult O’Malley dismissed the company’s claim regarding damages and said the couple were entitled to damages.
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.
The couple said today they were awarded a total of €278,525, not €328,000 as reported earlier by the court reporter.