Couple lose claim over cash deal

Eimear Cotter

A COUPLE who claimed their kitchen was repeatedly flooded with rainwater after a builder constructed a leaky roof on their kitchen extension had the claim dismissed after a judge discovered they paid for the job in cash.

Michael Nolan had claimed the faulty roof caused "untold stress" to him and his partner, and every time they left the house they had to leave empty pots on the kitchen floor in case it rained and the water came through the roof.

He said the roofer, Robert O'Connor, tried to fix the roof, but the water kept coming through it, particularly during stormy weather.

He also claimed Mr O'Connor started avoiding his phone calls when he couldn't repair the roof, and later "laughed" it off when a third party said it couldn't be fixed.

A court heard the roof was a cash job.

Judge Aingeal Ni Chonduin said she could not condone or assist when there was a question of avoiding tax. She dismissed the claim.


Mr Nolan and his partner Barbara Kelly took a claim at Dun Laoghaire Small Claims Court against former roofer Robert O'Connor for €2,000, the cost of repairing the roof.

Mr Nolan said he paid Mr O'Connor €6,000 to construct a roof for a kitchen extension to his home at Bearna Park in Sandyford in May 2008.

There were no problems initially with the roof, but after a stormy night, he found the kitchen flooded with water.

He rang Mr O'Connor, who apologised, and came around to repair the roof.

The same thing happened a few weeks later, and Mr O'Connor again came around to repair the roof, and this was repeated on and off for a year.

Mr Nolan said Mr O'Connor then ceased trading, and told him the roof was no longer his problem.

Mr O'Connor also claimed that Mr Nolan came around to his house at Moreen Avenue in Sandyford in July and verbally abused his wife, which the plaintive denied.

Mr O'Connor also said Mr Nolan insisted on a cash price for the job, and as a result, was aware he was not entitled to a 10-year standard guarantee.

Judge Ni Chonduin dismissed the claim.