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High Court holds that builder is entitled to damages as against supplier of infill arising from "pyrite heave", causing damage to foundation of building.
Contract law - construction - pyrite - whether infill expanded and heaved upwards in breach of contract for sale - whether building poorly constructed - engineering and design - implied term in contract for sale - expert evidence - role of experts - opinion evidence - basis for opinion - cracking in building - subsidence - design of foundations - sulphur content in infill - swell tests - pyrite heave / crystal heave - whether Irish sale of goods legislation applied to contract - whether European law took precedence - Directive 98/34/E.C. - whether material supplied under contract met relevant standard - whether European obligations changed interpretation of national legislation - Section 10, Sale of Goods and Supply of Services Act 1980 - whether purchaser on notice of terms of sale - exclusion clause - notification - whether exclusion clause onerous - whether incorporation of exclusion clause fair and reasonable - whether of merchantable quality - whether fit for purpose.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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