Pyrite home residents left in limbo as HomeBond denies liability

A decision by HomeBond, the company providing insurance cover for residences suffering structural defects, to opt out of legal responsibility to the purchasers of homes damaged by the mineral pyrite has shocked thousands of people throughout Meath and north County Dublin who had hoped to have defects remedied. Although residents in Ashbourne had suspected the company would withdraw from responsibility "because of the way it was behaving towards us in the past few months", the news has come as a shock to residents who now face big bills in trying to remedy the damage done to their homes by pyrite. The company confirmed the news on Friday, saying that it was its firm belief that the potential problems with the use of the 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. It said that taking into consideration legal opinion, expert technical advice and the decision in the High Court case James Elliot Construction v Irish Asphalt Ltd, it was the view of HomeBond that the quarry suppliers of the defective hardcore infill in question were to blame for supplying material that was not of merchantable quality and fit for purpose. "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 company said. Ashbourne resident Liz Byrne, one of six residents on her estate affected by the pyrite issue, said yesterday (Tuesday) that when she saw HomeBond's statement that it was withdrawing from legal responsibility for the damage to home, "I was not surprised because of the way HomeBond was dealing with us over the last few months". However, she added: "It is shocking to find that you are living in a house that it worth absolutely nothing. We don't know where to turn at this stage." She said that although the issue affected six residents in her locality, each set of residents was dealing with their own problem. She said that in discussions last January, HomeBond had told them that they would be talking about "a five-figure sum" by way of compensation. "Then it came down to a four-figure sum. Eventually, last March they offered us just below €8,000. Now there is no offe,r" she said. She has heard that up to 40,000 residents in Meath and north County Dublin were affected by the pyrite issue. Minister for State and Meath East TD Shane McEntee, has said the government has no money to spend on this issue nor has it money to fund legal actions or legal advice for householders. "However, we must put a procedure or process in place to reach out to the people involved, to help them to achieve a resolution. Without attracting any legal liability to the taxpayer, the Minister for the Environment and Local Government could consider appointing a type of 'pyrite ombudsman' or a small group of eminent people with appropriate experience and skills to assist and advise homeowners who have been affected. 'I am aware that the Minister for the Environment and Local Government is giving careful consideration to the legal issues involved, including a recent High Court judgment. Now that HomeBond have cited a legal escape clause to avoid their responsibilities to householders, it may be time for the government to consider supporting a test of HomeBond's position in the courts," he said.