The High Court awarded Woodquay Properties Limited and Thomas F. Kearney €374,047 in damages after assessing losses arising from structural defects at a development in Woodquay, Galway. Liability was admitted, so the case proceeded as an assessment of the losses claimed.
The judgment, delivered by Mr Justice Hedigan on 25 January 2011, concerned inadequate structural plans attributed to consulting engineers Leo W. Wilson Associates Limited. The basement parking floor suffered total structural failure in November 2003, requiring remedial work and delaying completion by six months. The project was completed in January 2005.
The court allowed €169,000 for construction costs and €28,159 in professional fees, amounts the parties had agreed. It also allowed €23,958 for work and a cash payment provided to the adjoining householder. The judgment said the 93-year-old woman had moved out to live with her daughter and had to remain away from her home for a further six months because of the delay. Kearney arranged a rear extension, new kitchen and re-roofing, and gave €5,000 in cash. The court found the gesture reasonable and the work costs relatively reasonable.
The court awarded €64,926 for lost apartment rental income during the 24-week delay. Evidence was that the centrally located apartments were in high demand for summer and student accommodation. The court rejected a separate €46,534 claim for interest attributed to delayed apartment sales, finding that awarding both that amount and lost rental income would count the same loss twice.
A further €88,004 was allowed for interest on additional finance used to fund remedial work. The plaintiffs had particularised this part of their claim in a letter dated 24 May 2010. Although the judge accepted that it was raised very late, he found it flowed from the admitted default and considered it unjust to disallow. Because the late detail had cost at least half a day of court time, the defendants were not required to bear costs for that half-day.
The total award was €374,047, comprising the agreed construction and professional costs, adjoining-property costs, lost rental income and additional bank interest. The plaintiffs were also awarded costs equivalent to two and a half days, reflecting that the case lasted three days.