Builder at centre of Mica controversy ordered to give 1000s of documents and test results to homeowners
High Court Reporters
A High Court judge has ordered builders Cassidy Brothers Concrete at the centre of the Mica controversy in Donegal to make discovery of thousands of key documents along with tests results requested by homeowners who have taken legal action.
Mr Justice Mark Sanfey in the Commercial Court also said what disturbed him about the case was that the documentation being sought had been given to the other parties in the action, Donegal County Council and the National Standards Authority of Ireland, who are co-defendants with Cassidy Brothers Concrete Products Ltd, but the homeowners have not got them.
The judge directed that the discovery be made by Cassidy Brothers Concrete by 5pm on Monday evening.
Six couples who are bringing the first test cases in relation to the Mica controversy had gone back to the court to seek discovery, which they claimed has been outstanding since May 2024.
At issue in the discovery are thousands of documents relating to records over a 19-year period and also data in relation to key tests which were carried out.
Counsel for the homeowners, Ben Clarke, BL instructed by Coleman Legal solicitors, told the court that Cassidy Brothers Concrete had agreed to make voluntary discovery in May 2024 and had later applied to the court for extensions.
Last month, he said motions brought by the homeowners were struck out on the understanding that discovery would be made.
Counsel said discovery was made to the other parties in the case but not to the homeowners who are bringing the proceedings. He said the plaintiffs were people who had built their family homes with Cassidy Brothers Concrete and they had been themselves subjected to reminders in relation to discovery.
Solicitor Eamon Dillon, for Cassidy Brothers Concrete, said some documents contained names, addresses and contact details, and he claimed there was a legitimate concern.
Mr Justice Sanfey said the Cassidy Brothers Concrete side had been given more than enough reassurances. He directed that the discovery be made by 5pm on Monday.
In one of the cases before the court yesterday, husband and wife teachers, Liam Ó'Dochartaigh and Greinne Bean Uí Dochartaigh, of Urbledreagh, Malin Head, Co Donegal are suing over damage from mica-containing concrete blocks and similar products used to build their home between 2005 and 2008.
Mica is naturally occurring in rocks but, when used as an aggregate, makes concrete weaker over time.
The couple claim they have been advised that their home will have to be demolished and rebuilt. They may also include in their proceedings another rental property they own at Malin Road, Carndonagh, Co Donegal, pending the results of tests on that property.
They are suing the block suppliers, Cassidy Brothers Concrete Products Ltd, Buncrana, Co Donegal. It is claimed the firm, among other things, provided blocks and ready-mixed concrete which were not fit for purpose and did not meet the specifications advertised.
The case is also against Donegal County Council which, it is claimed, as the relevant "market surveillance authority" in relation to construction products, failed to ensure the Cassidy blocks were removed from circulation or to perform appropriate checks on the product.
They are also suing the National Standards Authority of Ireland (NSAI), claiming that as the national certification body, it allegedly failed to adequately and/or fully perform its obligations.
All of the claims are denied.
