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The High Court dismissed a construction company's claim for unpaid invoices totaling €287,502.65 due to inordinate and inexcusable delay in prosecuting the case. The plaintiff had sought payment for construction works allegedly completed under a 2006 contract. The defendant contested personal liability, attributing the contract to his company, and counterclaimed for €3 million due to alleged construction delays and defects. The court found that the plaintiff's five-year period of inactivity and the defendant's advanced age and health issues would lead to prejudice at trial. Consequently, the plaintiff's action and the defendant's counterclaim were both dismissed for want of prosecution.
construction contract, unpaid invoices, delay, want of prosecution, dismissal, counterclaim, breach of contract, negligence, loss and damage, personal liability, company representative, oral evidence, prejudice, health issues, expert witnesses, COVID-19 pandemic, Kirwan v Connors, Rules of the Superior Courts (RSC), inherent jurisdiction, estate planning.
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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