Court orders Roadstone to allow quarry inspections over pyrite

The High Court has ordered construction industry giant Roadstone to permit inspections of three of its quarries in Dublin to search for evidence as to whether they were the source of material which caused damage to new homes.

Ballymore Residential Ltd and Crosswinds Cottage Ltd are suing Roadstone Ltd, its parent CRH Ltd, Murphy Concrete (Manufacturing) Ltd, and William Miley Ltd, over the supply of allegedly defective stone material used in 145 new houses at Drumnigh Wood, Portmarnock, Co Dublin. The defendants deny the claims.

Built between 2001 and 2007, it was in 2010 that homeowners began to complain about structural defects, including cracking in walls of the houses. It is alleged these were due to the use of a material called pyrite in stone used in construction.

In July, 2017, Ms Justice Deirdre Murphy ordered Murphy Concrete to allow an expert for Ballymore and Crosswinds to drill, take samples, conduct experiments and make general observations in relation to its quarry at Hollywood, Co Wicklow, for the purpose of preparing their High Court action.

A similar application was brought against Roadstone in relation to seven of its quarries. Roadstone resisted the inspections claiming the application was premature and unnecessarily invasive.

It also suggested it was possible any damage to the homes was the result of misuse of its rock products by the two plaintiff companies in circumstances where its product was the highest and most expensive grade of stone. In particular, the two companies used muddy limestone in the foundations which was was not suitable for that purpose, it was claimed.

Roadstone also argued inspections of their working quarries, covering some 300 acres, would constitute an unwarranted interference with its business and cause reputational damage.

Ms Justice Murphy adjourned the application in relation to Roadstone until after the Murphy Concrete inspection was complete.

That was carried out in October 2017 and, following further court hearings and correspondence, Ballymore and Crosswinds applied to Ms Justice Murphy for orders permitting inspections of three Roadstone Dublin quarries at Feltrim, Huntstown and Belgard. Roadstone again resisted the application.

Ms Justice Murphy ruled the interests of justice required the inspections of the three quarries be permitted. She directed Roadstone to identify locations in its quarries from which stone supplied for the Portmarnock estate was extracted.

To ensure least possible interference with Roadstone’s property rights, there should be a “focused single inspection” at which all parties could attend, she said.

At the root of this case are the people who bought their homes in good faith, some of which are affected by pyritic heave, she said.

Some party is responsible for that, she said. It was in the interests of homeowners that liability for it be established and the inspection proceedings are the means by which those ultimately liable can be most readily and efficiently identified, she said.