“Can I sue the builder?” is usually the wrong first question. The right ones: what exactly is defective (an expert’s question), what will fixing it cost (the same expert’s question), who can actually pay (an investigation), and is the claim inside its time limits (a legal analysis with teeth). Answer those four and the suing part largely takes care of itself — often without a courtroom.
Mary Molloy Solicitors are solicitors, not engineers, architects or building surveyors. Nothing on this page is a technical assessment of any property or works. Defects claims stand or fall on independent expert evidence — a chartered engineer’s or building surveyor’s report — obtained early. Scheme rules, grant rates and legislation in this area change frequently; confirm the current position before making any decision.
The Legal Foundations
The primary claim is breach of contract: whatever was expressly agreed, plus the implied obligations of proper skill, care and sound materials that attach to building work. Consumers dealing with trader builders layer on the Consumer Rights Act 2022 and its statutory remedies. Negligence runs alongside where it adds parties — particularly the professionals and certifiers whose insurance often matters more than the builder’s balance sheet. Damages are the cost of proper remediation plus provable consequential losses.
The Report Is the Case
Every strong defective-work case is organised around one document: the independent report of a chartered engineer or building surveyor — what is wrong, why it breaches the standard, what repair costs. It fixes the claim value (and therefore the court), gives the pre-action letter its weight, and becomes the number the other side’s insurer must reserve against. Commission it early, before repairs disturb the evidence, and through your solicitor where a dispute is likely — the brief matters.
The Sequence in Practice
- Assessment: contract, evidence, limitation position, defendant solvency — the honest go/no-go;
- Expert report: the foundation laid;
- Letter of claim: breaches named, remediation costed, deadline set — where a large share of cases resolve;
- Mediation or negotiation: frequently the best economics, especially mid-relationship;
- Proceedings: District, Circuit or High Court by value — run to be won, which is also how cases settle well.
The Two Honest Warnings
Limitation: six years in contract typically from practical completion; six in negligence from when damage becomes manifest — the Brandley v Deane trap that quietly kills claims while owners monitor cracks. The analysis belongs in week one. Recoverability: the strongest judgment against an empty company is worth its paper — which is why the defendant map (insurance, warranty schemes, professionals, insolvency realism) is drawn before the writ, not after.
Defective Work Worth Suing Over?
Bring the photos and the contract. We will map the claim, the expert, the defendants who can pay - and the clock.
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About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising homeowners, self-builders, subcontractors and SME contractors across Ireland on building disputes, defects claims and payment recovery. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to construction work, where conciliation and mediation resolve many disputes without a courtroom. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.