A BUILDER has taken proceedings in the Commercial Court for €2.8 million allegedly due from €12.2 million refurbishment works at a property developer's home, including an underground swimming pool, gym, tennis court, green play area for children, a tree house and a gate lodge.
Tom Hayes Ltd, with registered offices at The Green, Killaloe, Clare, has sued Aidan Brooks, a property developer of Portland House, North Circular Road, Limerick. It is claimed the plaintiff company is on the brink of liquidation as a result of failure to pay the sum allegedly due.
The building company claims it is due €2.8 million for renovation and refurbishment work at Mr Brooks' home since February 2006. A number of snag items and additional fittings and furniture also have to be provided.
It was claimed the construction project comprised a large basement area containing a swimming pool, gym, sauna, and jacuzzi. There were also additional external buildings including a car port, conservatory, enclosed walled garden, children's play area with artificial grass, a tree house and a two-storey gate lodge.
The proceedings were entered to the list of the Commercial Court yesterday by Mr Justice Peter Kelly who was told both sides were anxious to explore mediation. The judge welcomed this but said he would direct that documents be exchanged between the parties by January 26th so the case can proceed if mediation is not successful.
In its claim, Tom Hayes Ltd alleges it was agreed the cost of materials for the project would be charged at a 15 per cent profit to the builder and interim payments would be made.
Requests for final payments were made orally and in writing, but Mr Brooks had failed to discharge the amounts due, it is claimed.
At a meeting between representatives of the builder and Mr Brooks on October 8th last, Mr Brooks allegedly sought to suggest there were no monies due, it is claimed. Mr Brooks also allegedly sought to re-negotiate the entire account and to apply reductions on a retrospective and "unilateral" basis.
A quantity surveyor employed by Mr Brooks had recommended a payment of €123,550 but this "bore no relationship whatsoever" to the amounts claimed by the builder, it was claimed.