Case settled over faulty roofing

A steel sheet company has settled a case with a customer who claimed he was sold faulty roofing and sought his money back.

Mr Brendan Carey’s case against Ballyfarnon business Gusclad Ltd. was heard before Judge Sandra Murphy at Carrick-on-Shannon Small Claims Court on Friday, June 23.

Judge Murphy recalled that she was told at earlier court hearings in March and April that Mr Carey had purchased roofing from Gusclad Ltd which was supposed to be guaranteed for ten years but he claimed it had deteriorated within 18 months.

It was inspected and the company made Mr Carey an offer to replace the materials but no reimbursement. Mr Carey then sought a refund through the Small Claims Court for €1,150.

The judge said it was going to cost Mr Carey more money to have the cladding removed and the case should have been heard in the District Civil Court not the Small Claims Court because of the value of the goods.

At the last court hearing on May 26, Gusclad Ltd were asked to “put their best foot forward to reimburse Brendan Carey’s costs” rather than have it go to the Civil court where the jurisdiction was €15,000 and Mr Carey would have to engage the services of a solicitor, according to Judge Murphy.

Judge Sandra Murphy.

She noted Mr Carey was representing himself, which was the whole point of the Small Claims Court (not having solicitor’s costs) and also noted Gusclad Ltd had engaged the services of solicitor Ms Carol McCormack.

Ms McCormack told Judge Murphy that her client had two options for Mr Carey on Friday, June 23: the first was an offer of €2,000 to pay him immediately that day while the other offer was to take the faulty cladding away and replace it within a deadline of three months.

“I’m not happy to accept material from Gusclad Ltd due to my experience in the past,” Mr Carey told the judge.

“He told me at one stage it was guaranteed for 30 years. They told me today it was guaranteed for 25 years. They just seem to be making this up as they go along,” he added.

“This man was given substandard, not suitable material for his shed,” noted Judge Murphy and asked Mr Carey if he had a quote to remove the material.

Mr Carey read out a quote from another firm that quoted him €2,497 to remove the faulty materials and replace it with another material, which was “just the labour costs” alone.

Judge Murphy said it was clear to her that the case extended beyond the remit of the Small Claims Court.

She said Mr Carey was a “very understated man” who was “not looking for anything over and above his claim.” “There’s an inequality of arms here in court,” she said, referring to Gusclad Ltd’s use of a solicitor.

Ms McCormack then made an offer of €3,000 to Mr Carey. Judge Murphy offered to adjourn the case to allow Mr Carey time to consider the offer and she suggested he engage with a solicitor.

Mr Carey said that one of the offers made to him that day was to put a time limit of when he would get his roof replaced, “I cannot do that,” he said.

Judge Murphy adjourned the case for a short period to allow both parties time to negotiate.

Some time later that day both parties returned to court and Ms McCormack confirmed to Judge Murphy that the matter had been settled, with a cheque paid to Mr Carey.

The judge told Mr Carey she would adjourn the case anyway to a later date and if he was happy then, he could withdraw his claim.