PYRITE DEFECTS IN IRELAND
The effect of Pyrite defects damage to property caused by Pyritic heave has been particularly acute for Irish homeowners. We act for individuals whose homes and commercial properties have been damaged as a result of the presence of the mineral Pyrite in their properties. The presence of the mineral Pyrite in the infill of properties manifests itself in the form of construction defects; cracks and other defects throughout properties.
In response to significant public pressure, the Oireachtas established a body known as the Pyrite Resolution Board (“the PRB”) at the beginning of 2014. The purpose of the PRB is to implement a Scheme to remediate defects caused by Pyritic heave to Irish homes. While it will be helpful to Irish Homeowners that this Scheme is in place, the legislation which provides for the Scheme suggests that the Scheme will only be made available to homeowners where the parties responsible for the damage to their homes cannot be pursued.
Therefore, we continue to act for a number of homeowners in relation to Pyrite Defects in Ireland who remain faced with the costs of repair of their homes as they must overcome the hurdle of exhausting all options available to them to recover from those responsible for the difficulties they face, before being in a position to apply to be admitted on the Scheme.
The Pyrite Resolution Act, 2013 does not apply to commercial properties. Therefore, we also act for a number of commercial unit owners whose business premises have been damaged by the presence of pyrite in the infill.
The scale of pyrite litigation in the Irish Courts arising from the loss and damage that has been sustained by those effected by the presence of pyrite has been significant.
James Elliot Construction Limited –v- Irish Asphalt
Of particular importance on the landscape of this litigation is the recent referral to the European Court of Justice by the Supreme Court in the Appeal by Irish Asphalt to the High Court decision in the case of James Elliot Construction Limited –v- Irish Asphalt. Irish Asphalt had appealed the decision of the High Court which found against them in an action arising from the supply of defective infill material for the construction of a Dublin youth centre. The referral to European Court of Justice by the Supreme Court has sought the ECJ to questions relating to testing and standards. This step by the Supreme Court highlights the complexity of the legal issues involved in this matter.
We have particular expertise in the area of pyrite litigation. We act on behalf of individuals whose homes and commercial properties have been damaged as a result of the presence of Pyrite. We also act on behalf of construction companies who seek to recover the cost of remediation from the supplier of the defective infill.
How do you know if your home is affected by Pyrite Defects?
The presence of Pyrite in the infill of properties causes the infill to expand, this expansion causes the floors to be pushed upwards. This movement results in cracks appearing in internal and external walls. If your home is showing signs of these cracks you ought to have your home tested for the presence of pyrite.
However, your home may not be showing these signs and may still have Pyrite defects present in the infill. Once pyrite is present in the foundations it may become reactive and cause heave at any time, it may not be immediate. Therefore, if your neighbors show signs of pyrite it is important that you have your home tested.
We are happy to meet with you to explore the legal options available to you in relation to building defects, including Pyrite Defects, affecting your property.