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JimLawyer
JimLawyer, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 16711
Experience:  Senior Associate Solicitor
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I, i am being sued for defects on a extension I built, have

Customer Question

I
JA: Where are you? It matters because laws vary by location.
Customer: i am being sued for defects on a extension I built, have I any rights
JA: What steps have you taken so far?
Customer: I have a solicitor, my insurance didn’t want to know about it, I did repairs under instructions from an engineer, no engineer originally for the work , i am afraid of losing everything
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: high court action is being started
Submitted: 14 days ago.
Category: Republic of Ireland Law
Expert:  JimLawyer replied 14 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 14 days ago.

Sorry to hear of the issue.

You are a trader and as such you don't have consumer rights - the person you built the extension does have consumer rights. The law gives them strong protection if things go wrong.

You would be liable for breach of contract and breach of the consumer law, if the work was not carried out to a good standard of there are defects. There are two sides to a contract so just because the plaintiff is pursuing you, doesn't necessarily means they have a claim with merit or that they will win (or if they win, that they will recover 100% of the damages).

You say you have a solicitor and they would give you legal advice on this - we don't give legal advice as we are not a law firm.

We are an internet forum so we provide information and guidance from a legal standpoint in a Q&A format.

The plaintiff / your customer would need evidence of the defects which is usually from an independent expert - I am not sure why your insurer is not covering you. You may want to make a complaint to the insurer so that you can then ask the Financial Services Ombudsman to check if the insurer was correct to refuse cover - if the Ombudsman agrees with you, their decision is binding on the insurer so it could result in cover bring reinstated.

As for losing, if you have cash and assets then you could pay the plaintiff's claim - if you were unable to, they could pursue various forms of enforcement action though if you were unable to pay, you could speak to the Insolvency Service of Ireland as they could assist you further with that.

Expert:  JimLawyer replied 14 days ago.

I hope this helps

Expert:  JimLawyer replied 14 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Expert:  JimLawyer replied 14 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim