A COUPLE who sued an engineer claiming that as a result of his alleged negligence they were left with a lopsided house which could not be sold have settled their High Court action.
Karen and Francis Carr sued Donegal Town engineer Gerard Duke claiming he failed to properly supervise the laying of foundations for their home at Sallows,Letterbarrow, Donegal, when it was being built in 2003/4.
He denied their claims and said he was not employed by them to supervise the day-today building work but only an a periodic inspection basis for which he received around €900.
The court heard when they decided to sell the two-storey house three years later so that they could move closer to the amenities of Donegal Town, they expected the property would fetch around €230,000.
But when they invited an estate agent out to value it, he asked for a ball or an orange which he rolled across one of the floors confirming
his suspicions that the house was lopsided. He told them not to put it on the market and they didn't.
They sued Mr Duke, trading as Duke Associates, claiming he failed to remedy the defects.
They claimed they could now expect to get around €150,000 for the house if it was not defective but with the defects, only around €30,000. They still have an outstanding mortgage of €100,000 on the house where they still live with their five children.
When the case was due to resume, High Court president Mr Justice Nicholas Kearns was told the matter had been settled and could be struck out.