County Down couple awarded nearly £70k in damages from building contractor after home renovation nightmare
From Alan Erwin, Laganside Media – 07971 611459. Catch renovation dispute.
25/11/22
A Co Down couple who sued a building contractor over the alleged defective
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Hide Adrenovation of their home are to receive nearly £70,000 in damages, a High
Court judge ruled.
Gerard and Anne Marie Boyle were awarded a further £2,000 compensation for
distress and delays in being able to return to the property.
Mr Justice Humphreys also ordered Nigel Morrison to pay their legal costs
in the action.
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Hide AdIn 2018 the couple entered a £91,700 contract with Mr Morrison to carry out
renovations which included constructing an extension at Strangford Road in
Downpatrick.
Along with their children they moved into alternative accommodation for a
three-month period.
But it was claimed that when they first tried to return home the floor was
not laid, and there was no bathroom.
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Hide AdThe property was not fit for habitation at that stage, according to the
plaintiffs.
When the family did eventually move back in, Mrs Boyle described the place
as being “a mess”.
An area of floor screed in the closet of the master bedroom was identified
as crumbling.
With the couple having paid out a total of £85,000 for the renovations, at
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Hide Adthat stage they arranged for another contractor to complete the project.
Damages were sought against Nigel Morrison, trading as NHM Construction
Holdings, for alleged defective and incomplete works.
The defendant denied the claims, asserting that failures to make payment on
time caused any delays.
He counter-sued for an unpaid balance of £6,700 on the original contract,
plus an extra £8,750 to cover the value of extra works.
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Hide AdThe court heard that an expert building surveyor who inspected the property
identified a number of significant defects, including door thresholds,
window lintels and finished floor levels all being too high.
Further issues were identified with the installation of a structural
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Hide Adconcrete floor slab, guttering and a drainage system described as
“outrageous” and unfit for purpose.
Denying the alleged flaws, Mr Morrison insisted that any changes to the
plans and specifications were on instruction from the plaintiffs and due to
cost savings.
He told the court that he had never previously encountered a dispute in his
30 years’ experience as a building contractor.
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Hide AdRejecting his version of events and dismissing the counterclaim, Mr Justice
Humphreys held that he had been “both dissembling and dishonest”.
The judge said: “He was prepared to blame others for his substandard work,
allege that
any documents which would assist his case had been lost or forgotten and
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Hide Adthat approval had been given for variations to the contract works when this
was manifestly not the case.”
He ruled that the defendant either failed to comply with specifications in
the contract or carry out the works with the expected care and skill.
“The plaintiffs are therefore entitled to damages in the sum of £68,962.74
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Hide Adin respect of the incomplete and defective works,” Mr Justice Humphreys
confirmed.
Those failings, according to the judge, caused the couple and their
children considerable upset and distress.
“The family had hoped to move back into the property at the start of the
school term in August 2018 but were prevented from doing so by the various
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Hide Addefects and delays in the work,” he pointed out. “There was also an
extended period of further disruption when the remedial works were
undertaken at the property.
“I am satisfied that the plaintiffs are each entitled to an award of £1,000
in respect of the distress and inconvenience caused to them by the
defendant.” Ends
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