A BUILDING contractor gave an undertaking in the High Court yesterday to vacate a public house in Dalkey, Co Dublin, which he and his company had been renovating since last July.
The owner of the public house, who had applied to the court for an injunction to remove the builders, claimed he was suffering trading losses of £4,000 a week as a result of not being able to open the premises for business.
The public house, known as The Arches, Coliemore Road, Dalkey," was purchased by Mr John Bailey Jnr, Kilmore, Killiney Road, last July as a going concern. In an affidavit, Mr Bailey claimed both he and the defendants had agreed that the work would be completed by the beginning of October.
Mr Bailey told the court that unless he got vacant possession of the public house immediately in order to carry out remaining essential works and get supplies delivered, it would not be possible to open the premises for the lucrative Christmas period.
Mr Justice Barron refused to grant the injunction and asked for undertakings from both sides pending the hearing of the action.
The builder and his firm agreed to an undertaking to leave the public house today while Mr Bailey agreed to lodge £55,000 in court pending a full hearing of the action.
Mr Joseph Burke, managing director, J & H Burke and Son Builders Ltd, in an affidavit, said the building firm was given instructions by Mr Bailey to carry out additional works after the original date of completion had long expired. The cost of the works came to £42,000 and formed no part of the contract originally agreed.
Mr Burke said the original contract and all additional work had been carried out in a good and proper workmanlike manner. The works carried by the building firm had now reached a stage where they could be taken over and used for their intended purpose.
Mr Bailey, on affidavit, said he had handed over possession of the public house at the end of July to Mr Burke and his company which has registered offices at Anglesea Street, Dublin. The total contract price agreed was £117,000.
Mr Burke had indicated that he would need about 10 weeks to have the works completed, bringing the completion date to the first week in October. Agreement was reached on the completion date.