Residents outraged by pyrite decision
Dublin People 03 Sep 2011NORTHSIDE
residents have called on the Government to sort out the pyrite fiasco after
HomeBond announced that it would not be accepting liability for claims by
householders.
Pyrite,
a naturally occurring mineral, can potentially cause significant structural
damage to homes if used in the infill below floor slabs.
Sandra
Lewis, from Santry, described the announcement as a
“bombshell
?.
“It’s
absolutely horrendous,
? Ms Lewis told Northside People.
“We
received a letter on Friday morning (September 2) from HomeBond and they are
basically blaming the quarries. They’ve found some loophole.
“HomeBond
insured our homes. They can’t just walk away from their responsibilities. There
is a lot of anger out there over this.
?
Ms
Lewis and her family moved out of their pyrite-affected home two years ago and
have been living with her parents since. However, from next month they will be
renting a house.
“We’re
now going to be paying rent and at the same time paying a mortgage,
? she
stated.
“It’s
incredible. Our house is absolutely worthless. It’s purely down to fear that we
are holding onto it.
?
Ms
Lewis said that while the banks have received bailouts, they have received
nothing.
“We
own the banks,
? she said.
“We’re not asking for a bailout but why should we be
at a huge financial loss because of a problem not of our making.
?
Ms
Lewis said that the only hope for families affected by the pyrite issue is for
the Government to intervene.
All
the agencies (HomeBond, builders, banks and quarries) will have to come
together and sort this mess out,
? she added.
“This
problem is a legacy from the last Government and the Department of the
Environment has a part to play to solve it.
?
In
June, Ms Lewis was among a group of angry residents from developments in
Balbriggan, Rush, Santry, Blanchardstown and Ashbourne who staged a protest
outside HomeBond’s offices to highlight their plight.
In
a statement, HomeBond confirmed that it would not be accepting liability for
‘Major Defect’ claims made by homeowners relating to pyrite problems with
hardcore material used as infill in their homes.
“HomeBond
is of the firm belief that the potential problems with the use of hardcore
infill which was not sound, not durable or not inert should have been
identified by the quarry supplier of the material used in dwellings by
performing a suite of standard tests,
? the statement read.
“Taking
into consideration legal opinion, expert technical advice and the decision in
the High Court case James Elliott Construction Limited (
“Elliott Construction
?)
.v. Irish Asphalt Limited (
“Irish Asphalt
?), it is the view of HomeBond that
the quarry suppliers of the defective hardcore infill in question acted
negligently in supplying material that was not of merchantable quality and fit
for purpose; and supplied a defective product in circumstances where
legislation provides for compensation.
“Under
the terms and conditions of the HomeBond Agreement, HomeBond’s liability for
Major Defects is specifically excluded and accordingly HomeBond does not
propose to take any further action.
The
statement added:
“In HomeBond’s view, the quarry suppliers in question have
breached a duty of care owed to both the Member/Builder and to the homeowner
and have negligently supplied hardcore infill to the Member/Builder which was
not of merchantable quality or fit for purpose, which has resulted in damage to
dwellings.
Dublin
North TD Clare Daly (SP) said HomeBond’s decision was
“outrageous
?.
“HomeBond
are walking away from their responsibilities leaving thousands of families
devastated,
? stated Deputy Daly.
“These
householders purchased over-priced houses at the height of the boom, believing
that the Building Regulations and HomeBond Insurance protected them from
unforeseen major structural damage.
?
?¢
The Pyrite Action Group is holding a meeting this Thursday (September 8) at 8pm
in ALSAA. It’s expected that there will be a number of public representatives
in attendance. For more information, visit the action group’s Facebook page
www.facebook.com/ pyriteaction
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