Question
I am not happy with work that a builder did on my
house and will have to pay for someone else to finish the job properly. What
can I do to recoup the additional expense?
Answer
If your original builder is
unwilling to compensate you, you may be able to pursue a claim against the
builder through the Small Claims Procedure. The aim of this procedure is to provide an
inexpensive, fast and easy way for consumers to resolve disputes without
needing to employ a solicitor. The maximum amount you can claim is €2,000. The
small claims service is provided through local District Court offices.
Anyone who has purchased goods
or services for private use from someone selling them in the course of business
may submit a claim using the Small Claims Procedure. You can make claims for
faulty goods or bad workmanship, for minor damage to property, and for the
non-return of rent deposits for certain kinds of rented properties, for
example, a holiday home. Businesses involved in disputes with other businesses
can also use the Small Claims Procedure.
To make a claim, you complete
an application form which you can download from the Small Claims Procedure section of
courts.ie or get
from the Small Claims Registrar at the District Court office. Make sure you use
the correct name and address of the person or company you want to make the
claim against. The completed form and a fee of €25 should be lodged with the
Small Claims Registrar. You can also apply online at the Courts Service
Online website, csol.ie.
The Registrar sends a copy of
your application to the person you are making the claim against. If the other
party does not reply within 15 days of receiving your application, your claim
will be automatically treated as undisputed and you can apply for a court order
in your favour. If your claim is disputed, the Registrar will contact you and
let you have a copy of the reasons why the other party is disputing your claim.
The Registrar will try to negotiate a settlement to the dispute. If no
settlement can be reached, the matter is then 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 Boyle
Citizens Information Centre which provides a free and confidential service
to the public. Tel: 0761 07 6330
Address:
Elphin Street, Boyle, Co. Roscommon
Information
is also available online at citizensinformation.ie and from the Citizens
Information Phone Service - 0761 07 4000
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