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Getting sued for house that was built 14 years ago!

  • 12-11-2009 3:06pm
    #1
    Registered Users, Registered Users 2 Posts: 479 ✭✭


    My father recently got a phone call from someone he built a house for 14 years ago(he's a blocklayer) telling him that the house has become damp,slight crackings up the walls etc(i'm not sure about the details tbh as I overheard my parents talking) and that he wants €20,000 off him for damages. Otherwise he'll bring him to court.

    My father was paid £2,000 for building it. Surely he cant sue him for 20k?
    My father is up the walls about this and we're in enough debt already!
    And now this!


Comments

  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    When the first letter claiming the money arrives, and threatening legal action if its not paid, take it straight to a good solicitor. In the meantime, try not to let it get to you.

    You may well be given advice regarding what's called the Statute of Limitations (i.e. a time period outside of which a case can't be started). Its different in every case and you can't rely on what anyone says who doesn't have the full facts. I would say though that 14 years is a very long time to have passed for your father to be considered responsible - I'm only saying that so that you can tell him not to be overly worried about this, and with that not to be overly worried unless and until somebody threatens to and proceeds to sue him. All else is just chat/bluster.


  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Reloc8 wrote: »
    When the first letter claiming the money arrives, and threatening legal action if its not paid, take it straight to a good solicitor. In the meantime, try not to let it get to you.

    You may well be given advice regarding what's called the Statute of Limitations (i.e. a time period outside of which a case can't be started). Its different in every case and you can't rely on what anyone says who doesn't have the full facts. I would say though that 14 years is a very long time to have passed for your father to be considered responsible - I'm only saying that so that you can tell him not to be overly worried about this, and with that not to be overly worried unless and until somebody threatens to and proceeds to sue him. All else is just chat/bluster.


    Legal advice not allowed here. Your question is unclear.

    Threatened litigation presented in the style you describe is often just that - a threat. Best ignored unless and until the claim is presented in a proper way. At that stage Reloc8's advice operates.

    By the way if your father had insurance in place covering his business it might be worth putting the underwriters on notice now.


  • Registered Users, Registered Users 2 Posts: 2,164 ✭✭✭hobochris


    My uneducated guess would be that the house owner hasn't maintained the property properly and is clutching at straws to pay for the damage caused by their neglect. So they try pin the blame on your father.

    Id say he has nothing to worry about as the original job done must have met their approval for it to get past the snagging stage and I would imagine that an issue like this would have presented itself sooner if it was down to something your father did or did not do.

    In your fathers shoes I would go to a solicitor and call their bluff.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    A house could not be built for £2,000 fourteen years ago. Even if your father just did the blockwork that would have been a low price. Doubt very much if blockwork plastering and roofing could be done for two thousand pounds in 1995. Your father may just have been a sub-contractor.

    Your father should see his solicitor and subject to his solicitor's advice have the house examined and photographed by a competent engineer. Note should be taken of anything in the vicinity which may have caused dampness - major drain altering course ( or if piped,) broken etc.


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    It's unlikely that you could sue a builder 14 years after the fact unless you can prove that there was a fault inherent in the construction or the plans. Even homebond only operates for ten years.

    Since your father is a blocklayer (and presumably had no other part in the building process), then he would have little or no liability in this case. Damp and cracks in the walls would be likely down to poor maintenance, poor plans (not enough air vents, for example) and foundation problems.

    None of which are probably actionable after 14 years, and none of which have anything to do with the guy who just put the blocks in.

    As said earlier in thread, he should do nothing until/unless a solicitors letter or a summons arrives. He should not communicate with the person at all, in any form. If a proper legal threat arrives, he should get himself to a solicitor.


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  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian


    Your Dad need to see a solicitor. No legal advice is allowed here.

    Thread closed.


This discussion has been closed.
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