The shared wall between neighbours was built in accordance with a pre-construction agreement, judge ruled
The two houses were built at the same time after the Hobans and the Cassins agreed at a May 2008 meeting to choose the same builder to build on the sites of what were formerly a coach house and a mews property.
The Hobans’ architect, Frank Elmes of St Laurence Park, Stillorgan, who had also been sued, settled the case they took against him for allegedly failing to properly supervise the build. On the balance of probabilities, he was not persuaded by Mr Hoban’s evidence whose memory of the 2008 meeting he said was poor.
He accepted the Cassins’ side evidence that if there was to be a second wall at that stage, it would have necessitated a redesign and a possible delay in the appointment of a builder. He did not believe an on-site meeting took place during the build, as alleged by Daniel Hoban, in which the Cassins and the builder decided to drop the second wall on the basis that it would have been “overkill”.
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