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Owners vote to accept builder’s offer of €150,000 to settle legal action over decaying roof

Roof of one of the blocks at Hyde Square apartment complex in Kilmainham had to be held together with push/pull ties

Apartment owners at Hyde Square in Kilmainham were presented with bills of almost €11,000 each for the repair of their decaying roof. Photograph: Google Earth

Niamh Towey
Wed Apr 10 2024 - 21:52

Owners at a Dublin apartment block that developed a decaying roof just over a decade after being built have accepted an offer by the construction company of €150,000 to settle a legal action over building defects.

The Irish Times reported in 2019 that the roof of one of the blocks at Hyde Square apartment complex in Kilmainham had to be held together with push/pull ties because the plywood underlay was disintegrating and the roof canopy was not properly secured to the building’s walls.

Surveyors also found issues with fire safety because the roof was not properly compartmentalised or insulated, meaning a fire could spread there faster than it should.

At that time owners were asked to pay almost €11,000 each to cover repair works, which have since been carried out to replace the plywood underlay and fix the issues with the roof’s supporting steel structure.

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Similar problems were also present in two other blocks at the complex, though not as severe. It has been recommended the plywood be replaced with a new metal deck in these blocks also, though that work has yet to commence.

Hyde Square was launched off plans in 2005, with the final phase sold at the end of 2007 at prices upwards of €335,000. It was developed by Megard Ltd, which subcontracted the building work to Galway-based firm Purcell Construction.

In 2019 apartment owners began legal action against Megard Ltd and Purcell Construction. While Megard Ltd is now in liquidation, Purcell Construction has offered to pay €150,000 in order to settle the action.

Purcell Construction has not yet put forward any defence in the case, though legal advice to the owners’ management company states it could claim it is not liable to compensate owners because the statute of limitations has passed. In most cases like this residents have six years from the time of construction to take legal action.

Owners voted on Wednesday night to accept the company’s offer, which the management company says could go some way to offsetting the large increase in the insurance premium for the building.

The cost of insurance for the block has risen from €14,316 in 2017 to €80,400 for 2024. Meanwhile, the owners’ management company has priced the completion of remedial works to the two remaining blocks at the development at an estimated €960,000.

The construction company has been contacted for comment.

Niamh Towey

Niamh Towey

Niamh Towey is an Irish Times journalist

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