Talks are continuing in a High Court case brought by film director Jim Sheridan and his wife Fran over alleged defects in works to their luxury seafront home in Dalkey, Co Dublin.
The Sheridans claim they are facing serious financial problems arising from alleged defective works to “Martha’s Vineyard”, Coliemore Road.
They have brought a €4 million claim against a number of companies involved in the project. It is alleged works have resulted in water seeping into their home over a number of years.
The claims are denied.
Before the case was due to open today, John Gordon SC, for an architects’ firm which is one of eight defendants in the case, asked for time for discussions.
Later, Mr Justice Brian McGovern was told by Eoin McCullough SC, for the Sheridans, that while some progress had been made in the talks, the position would be clearer tomorrow as to whether the case would start or not. The judge adjourned the case.
When the proceedings came before the court last March, it was tolds the Sheridans had intended that “Martha’s Vineyard” - designed as a four bed-roomed house with its own seawater swimming pool - would be “one of the finest and most spectacular coastal properties in Ireland”.
However, they claim, as a result of alleged negligence and breach of contract, the property suffers from extensive water ingress which has resulted in substantial damage to it and frustrated efforts to sell it.
Their €4 million claim includes the cost of works to address the water problem and another €2 million for estimated reduction in the value of the property due to that problem.
The Sheridans claim they could have sold it for €7 million in 2007 but two potential purchasers, who were aware of the water problem, had pulled out because it was not resolved.
The couple claim they are servicing two mortgages for “two exceptionally expensive properties” - the Dalkey property and their other property at St Mary’s Road, Ballsbridge.
If the Dalkey problem is not concluded soon, their financial position “will be unsustainable with very serious consequences”, they said.
The case was brought against Simon Hollingworth and Associates Ltd, Amsterdam Road, London; De Blacam and Meagher Arhcitects, St Catherine’s Lane West, Dublin; Cementaid (UK) Ltd, Crawley, West Sussex and Cementaid, Clifton House Lower, Lower Fitzwilliam St, Dublin.
It is also against Moortown Construction, with offices at Bradford, West Yorkshire; Moortown Construction (Ireland) Ltd, Churchfield, Tourmakeady, Co Mayo; and Walsh & Goodfellow, Consulting and Structural Engineers, Adelaide Chambers, Peter Street, Dublin.
An eight defendant, Gilmac Building Services Ltd,, with a registered office c/o Grant Thornton UK LLP, Melton Street, London, has been in liquidation since 2007 and judgment has already been obtained against it in these proceedings, the court heard today.
Among the Sheridans’ allegations are that Gilmac Building Services was negligent in installing an allegedly waterproof concrete system in 2004 and failed to carry out remedial works.
While some remedial works have since been carried out by other defendants, the general problem of water ingress remains unresolved, it is claimed.
The Sheridans bought the Dalkey property, then a fisherman’s cottage, in 1997 with the aim of developing a new house and rockpool on the site. De Blacam’s were formally appointed as architects in August/September 2000 and designed a four bedroomed house with its own seawater swimming pool.
In 2002, Hollingworth was appointed project managers and in 2003, an agreement was reached with Gilmac, which firm the Sheridans’ claim was recommended to them by Hollingworth, to build the house and pool for €2.2 million.
It is alleged Gilmac was engaged by either or both of the Moortown companies as a sub-contractor to lay the waterproofing concrete works which were completed in May 2004.
DeBlacam issued a certificate of practical completion in July 2005 but later had to write to Gilmac on several occasions requiring it to return to do remedial works primarily related to water ingress, it is also claimed.