Question
I am unhappy with the repair work a builder
has done to my house, he hasn’t fixed the issue and he refuses to put it right.
Do I have any rights in this situation?
Answer
If your
builder is unwilling to compensate you, you may be able to make a claim against
them using the small claims procedure. The aim of this procedure is to
provide an inexpensive, fast and easy way for consumers to resolve disputes
without a solicitor. The maximum amount you can claim for under the small
claims procedure is €2,000. The small claims procedure is provided through
local District Court offices.
If you have
purchased goods or services for private use from someone selling them in the
course of business, you can make a claim using the small claims procedure. You
can make claims for bad workmanship, minor damage to property, faulty goods and
for the non-return of rent deposits for certain kinds of rented properties, for
example, a holiday home. Businesses can also use this procedure to make claims against other businesses about contracts for goods or
services purchased.
To make a
claim, you need to complete the application form and submit it and a fee of €25
to the Small Claims Registrar. You can do this online at the Courts
Service Online website, csol.ie. Alternatively, you can download the application
form from
courts.ie or
get a copy from the Small Claims Registrar at the District Court office. Make
sure you include the correct name and address of the company or person you are
claiming against. You can double-check this information on the Companies
Registration Office website at cro.ie.
The
Registrar sends a copy of your application to the person you are making the
claim against. If the other person does not reply within 15 days of receiving
your application, your claim will be automatically treated as undisputed. Then
the court will make an order in your favour for the
amount claimed, and direct that it be paid within a specific period of time. If your claim is disputed, the
Registrar will give you a copy of the reasons why the other person is disputing
your claim. The Registrar will try to negotiate a settlement to the dispute. If
no settlement can be reached, the matter is set for a court hearing in the
District Court.
Further information is available from the
Citizens Information Service below.
Know Your Rights has been
compiled by South Connacht Citizens Information Service CLG, which provides a
free and confidential service to the public.
