Ryan t/a James Ryan and Sons v. McManus [2005] IEHC 319 (14 October 2005)

Ryan t/a James Ryan and Sons v. McManus [2005] IEHC 319 (14 October 2005)

Plaintiff established entitlement to payment for extras on quantum meruit basis; defendant entitled to set-off for proven costs of remedying defects and completing works, but not for unproven or excessive claims. Net decree awarded to plaintiff after set-off.

Citation
[2005] IEHC 319
Parties
Plaintiff: James Ryan trading as James Ryan and Sons; Defendant/respondent/counterclaimant: Brian McManus
Jurisdiction
Ireland
Judgment Date
14 October 2005
Procedural Posture
Civil Appeal / Judgment After Appeal From County Court
Outcome
Decree for plaintiff for €6,252.80 after set-off; no order on counterclaim.
Legal Topics
Quantum Meruit, Implied Contract, Defective Workmanship, Set Off, Counterclaim, Building Contract Extras
Contract Law Construction Law Quantum Meruit Implied Contract Defective Workmanship Set Off Counterclaim Building Contract Extras

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Parties

James Ryan trading as James Ryan and Sons

Plaintiff

Brian McManus

Defendant/respondent/counterclaimant

Procedural Posture

Civil Appeal / Judgment After Appeal From County Court

Legal Issues

  1. 1 Whether plaintiff is entitled to payment for extra works under implied contract or quantum meruit
  2. 2 Whether defendant is entitled to set-off or counterclaim for defective workmanship and additional costs

Ratio Decidendi

Plaintiff established entitlement to payment for extras on quantum meruit basis; defendant entitled to set-off for proven costs of remedying defects and completing works, but not for unproven or excessive claims. Net decree awarded to plaintiff after set-off.

Court Disposition

Decree for plaintiff for €6,252.80 after set-off; no order on counterclaim.

Orders

  • Plaintiff awarded €6,252.80 with costs and certificate for counsel in both courts.
  • No order on counterclaim.