Statute Of Limitations In Property Damage Claims: The Implications

The question of when damage was capable of being discovered will now become the new battleground in property damage claims where there is a possible Statute of Limitations defence.

The Irish Supreme Court unanimously held recently that the key date for the Statute of Limitations when bringing a claim in tort/negligence for property damage is the date of the manifestation of damage from defective work, rather than the date of the defective work itself.

The Court of Appeal previously overturned the decision of the High Court in Brandley and WJB Developments Limited–v-Hubert Dean T/A Hubert Dean & Associates and John Lohan T/A John Lohan Ground Works and Tractors (High Court 2010/10994P and Appeal 2015/245).