Legal action against Property Developer - Solicitor needed (Dublin)

Hi

I hope you can help us.

We bought a new apartment in Dublin 18 months ago.

Over the last 12 months we have had persistent issues with mould and damp in one of the rooms of the apartment, which has spread across the walls and ceiling. The Developer tried to resolve it a number of times but it keeps returning.

To make a long story short we had a meeting at the apartment with an independent expert (we contracted), the Directors of the development company, and their Architect.

The Developer confirmed that the likelihood is that there was a leak(s) from the apartment balcony above which was causing the issue. We have given them an ultimatum to have repairs done within the next 2 weeks as we are completely tired of the situation over the last 12 months, and in particular the attitude of the Development company. However, since the meeting (over 10 days) we have heard little from them and no progress has been made.

We have threatened legal action, seeking a refund of what we paid for the apartment, and expenditure incurred such as stamp duty, legal fees etc.

We are now at the point where we feel we have to take action.

Do any of you know of a Solicitor who has experience of such a case and has been successful? We would prefer the Solicitor to be in the Dublin region.

Thanks in advance for your help. (Please feel free to send a private message to me if you prefer).

Any reason why you're not using the solicitor who handled the original purchase for me?

Why don't you save yourself all this frustration and make an Insurance claim from the Block Policy. This is what you are paying your annual service charge for.

Is the builder/developer covered under Homebond? he should be so I would call them immediately. No builder wants to taken off their list!

Mers, Do you think Homebond will act quicker than the Insurance Co. I don't think so !!

I would contact your insurance company.

My house subsided after three years due to a problem with the foundations. We contacted Homebond, also our solicitor lodged a claim in the High Court.

It was settled eventually by the Builder's Insurance Company without having to go to court. It took a long time and it was very stressful.

The block policy will not cover it if it was caused by poor workmanship to start with. As your apartment is less than 6 years old the builder is liable, you can also make a claim through homebond/premier guarantee within 10 years. As you have already gone to the trouble of employing an expert, legal action against the developer may be your best cause of action. Any well recommended solicitor who does litigation should be able to help you out. Depending on who the developer is one letter may be sufficient.

We do not know if the damage was caused by bad workmanship. The builkder might be liable, try and get them to repair the damage ? By going to litigation solicitors is an expensive way of doing things. Are you aware as to what a litigation solicitor will charge ? I am not sure if the Block policy will not cover this matter. That is the purpose of Insurance.

For starters, if the problem can be fixed you will not get your money back. I have a client whose house has been gutted due to either poor construction or substandard infill, but since it can be rebuilt he is extremely unlikely to get his money back (he hasn't lived in it for almost 2 years now).