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Has anyone here ever sued a builder for damages and won?

  • 31-07-2007 5:11pm
    #1
    bobbysands81
    Registered Users, Registered Users 2 Posts: 7,219 ✭✭✭


    Need to be quite vague here folks so please bear with me...

    If a builder doesn't build your house to the specified minimum requirements as set out in the Building Regs and you can hear normal every day noise (voices, footsteps, music, TV etc... nothing out of the ordinary) from your neighbours house which keeps you awake at all hours (sound tests carried out etc... which prove the house is not to standard)

    Say if the builders have admitted fault, (after 2 years of procrastinating and ignoring over 100 written attempts to get in touch with them as well as ignoring the Local Authority's Building Control Officer and solicitor's letters) had found the fault and agreed to remedy it.

    What, if anything, might be deemed to be a reasonable amount of compensation for breach of contract, stress, sleepless night, ignoring attempts to solve the problem etc... in order to keep the issue from going to court?


Comments

  • #2
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    You should really be talking to a solicitor with a view to briefing a SC.


  • #3
    bobbysands81
    Registered Users, Registered Users 2 Posts: 7,219 ✭✭✭bobbysands81


    Bond-007 wrote:
    You should really be talking to a solicitor with a view to briefing a SC.

    Already done mate, papers are ready to be served but now it looks like we might be able to keep it out of court as the builder has admitted fault and agreed to rectify.

    I'm anxious to come to a friendly settlement and it's been me pushing this settlement even though my solicitor wants it to go to court (he's a family friend so gets nothing extra for the case going to court) and even though the builders were forcing me that way by constantly ignoring me.

    The builder has also agreed to pay my costs to date, the only thing that needs to be sorted is compensation and I'm wondering is there any indication as to what I might expect?


  • #4
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    A solicitor/barrister would have a fair idea about it.


  • #5
    bobbysands81
    Registered Users, Registered Users 2 Posts: 7,219 ✭✭✭bobbysands81


    Bond-007 wrote:
    A solicitor/barrister would have a fair idea about it.

    My solicitor has never done a case like this before so ain't too sure.


  • #6
    seamus
    Registered Users, Registered Users 2 Posts: 68,190 ✭✭✭✭seamus


    I'm afraid no-one here could make a speculation on this. Your solicitor will know best, even if he's never done this before.


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