Couple awarded €291,000 after dampness ruins dream home

Tallansfield Manor in Tallanstown

A local couple have been awarded €291,000 after the High Court heard their newly constructed dream home turned into a nightmare because of dampness, which eventually forced them to leave it.

Dolores and Stephen Nimmo sued Ardee-based builders Mulreid Construction Ltd over its failure to install a proper damp course on the new two-storey over basement house at Tallansfield Manor in Tallanstown.

The couple paid Mulreid €326,000 to build the house, which they moved into in May 2006.

According to The Irish Independent, the court was told that instead of a proper damp course, a thin plastic barrier similar to a radon barrier, was put in during construction of the foundation with the result that dampness seeped into the house.

Judgment was entered last year against Mulreid Construction in absence of a defence and yesterday the case came before Mr Justice John Hedigan for assessment of damages. There was no appearance for Mulreid yesterday.

The judge said it was the type of case relating to poor quality building that was too often before the courts. It was supposed to be the Nimmos’ dream home but it turned out to be a nightmare and he was sorry for the trouble they had endured.

He awarded them €131,609 for the cost of repairing the damp problem along with €160,000 for trauma and suffering.

Mrs Nimmo told the court that she, her husband and three children had moved from Dublin to Tallanstown into what they expected would be a dream home.

The house was very costly to heat and there were a number of other problems which Mrs Nimmo brought to the attention of Mulreid’s Shane Rogers who himself lived in one of the houses in the small Tallanstown development.

He initially said he would deal with the problems but eventually refused to engage with her and she decided to take legal action.

Mrs Nimmo said the family lived in the house for six years before deciding to move out.

They employed a building surveyor who inspected the house in 2008 and found extensive damp mould growth in the basement.

The expert, who said a radon barrier type plastic membrane rather than a proper damp course was installed in the house, believed the damp problem could be rectified at a total cost of €131,609.

Locals named on Revenue defaulters’ list

A large number of local businesses and individuals were named in the latest defaulters’ list from the Revenue Commissioners.

PPS Marketing Ltd, with an address at Riverside House, Main Street, Dunleer made the largest settlement in the area of €189,991, including interest and penalties for underdeclaration of Corporation Tax.

The second largest fine was paid by McG Loss Assessors Ltd, who have an address at Unit 4A of the Blackthorn Business Park on the Coes Road. The insurance loss assessors made a payment of €156,186.15 for underdeclaration of Corporation Tax and PAYE/PRSI following a Revenue Audit Case.

The third biggest settlement was made by local pharmacists Cogaslann Teoranta in the Clanbrassil Centre, Clanbrassil Street, Dundalk. They made a payment of €80,657.79 for underdeclaration of Corporation Tax and PAYE/PRSI following a Revenue Audit Case.

Another major settlement was also made by publicans Alchemy Leisure Ltd of Kells Road, Ardee who made a payment of €41,684, inclusive of interest and penalties, for underdeclaration of Corporation Tax and PAYE/PRSI following a Revenue Audit Case. The directors of Alchemy Leisure Ltd are Raymond and Paul Daragh Muldoon.

Mulreid Construction Ltd, with an address at 91 Rockfield Close, Ardee, were fined €15,000 for three offences relating to a failure to lodge corporation tax returns.

Mise Beauty Ltd, with an address at 34 Quay Street, Dundalk were also fined €5,000 for a similar offence.

Meanwhile grocer Enda Bell from Kilsaran, Castlebellingham was fined €3,750 for a failure to lodge VAT returns and a further €1,250 for a failure to lodge income tax returns.

There was also a fine of €2,500 for dairy farmer John Prendergast, with an address at Millpark, Knockbridge, for failure to lodge VAT returns.

Elsewhere, Road paver Brian McGarry from 11 Elmore Lawns, Omeath was fined €5,000 for a failure to lodge income tax returns.

Electrician Martin Roddy from Belpatrick, Ardee, was also fined €2,500 for a similar offence.

A €2,500 fine was also issued to company director Anthony McGuinness of Cortial, Kilkerley, Dundalk and build contractors V&P Mathews Developments Ltd of Dromin, Dunleer for misuse of marked mineral oil.

Meanwhile, East Coast Alloys Ltd, with an address at Main Street, Ardee, were also fined €2,500 for a fraudulent evasion of customs duty and €630 for making a false customs declaration.

Stained glass manufacturer Thomas Foley from Whitestown, Greenore, tyre repairman Martin McAteer from Annavernan, Ravensdale, hardware retailer Richard Watters from Old Road, Bellurgan and welder David King from Summerhill, Louth were all also fined €1,250 each for a failure to lodge income tax returns.

Meanwhile, Maurice Cassidy of The Golf Shop at The Nuremore Hotel in Carrickmacross was also fined €750 for a similar offence.