Archive News
Contractor wins court battle for payment
Date Published: 26-Jul-2012
BY DEARBHLA GERAGHTY
A civil action brought by a contractor against Senator Fidelma Healy Eames has been dismissed, although an order was made for €12,412 against her husband, Michael, at Galway Circuit Court yesterday.
Judge Rory McCabe concluded the two-day hearing in favour of the plaintiff, Michael Allen, who had sued the couple for money owed for plumbing and heating works at their home in Maree, Oranmore, three years ago. They had denied his claims, and counter-sued for shoddy workmanship.
“The fact that the defendants tried to rewrite the contract, and force the plaintiff to accept a deal for less than the agreed price, speaks for itself,” the Judge said in announcing his decision.
He described as “implausible” Mr Eames’ version of events – that Mr Allen had carried out works on the couple’s garage without being instructed to do so – adding that it was “unthinkable that a contractor would do it on spec.”
Senator Healy Eames became emotional in the witness box yesterday when she told the court that the total rebuild of their family home had been 12 years in the planning.
She disputed the claim made the previous day by Mr Allen that she had been in a hurry to have work on the garage completed, so as to provide offices for Fine Gael and a boardroom upstairs.
“My office was in the city, I didn’t need another office in the garage – there were no discussions about it,” she replied.
On Wednesday, Mr Allen had told the court that he was paid only €13,000 of the €28,840 he had originally quoted for plumbing and heating works before he was thrown off the job in 2009. There were also additional outgoings, or “extras”, that needed to be paid for by the defendants, he claimed.
He said that Michael Eames had pestered him to do the job. He had initially refused.
He said Mr Eames did not stick to the payment agreement reached – €10,000 on the first fix, the same amount for the second, and the balance on completion.
“Michael only gave me €7,000 – I felt he was fobbing me off, paying when he felt like it, and not what we agreed . . . he was throwing me a trickle to get things done,” he said.
He said that Mr Eames made threatening phone calls to him, one of which was received while he was in his solicitor’s office.
In his evidence, Michael Eames told the court that it was Mr Allen who had pursued him for the work, and had suggested the garage be turned into a mini-house, to save the family renting elsewhere.
“I asked for a quote (for the garage), then I arrived back one day to find them two days into the work,” Mr Eames added.
He said that Mr Allen had walked off the job and, despite efforts to get him back, the contractor had initiated legal proceedings against them.
Judge McCabe concluded the hearing by dismissing any claim made against Senator Healy Eames, whom he was satisfied was not intimately involved in the contract.
“I am satisfied that the plaintiff was at all times ready, willing, and able to finish the job, and was frustrated by the ill-advised decision (of Mr Eames) to terminate the contract. I am happy that the defendant owes money to the plaintiff.”
He made an order against Mr Eames for €12,412.97, deducting the monies paid by the homeowners to other tradesmen working on the project, he also granted costs to Mr Allen.
For more on this story, see the Galway City Tribune.
People’s living conditions less than 100 years ago were frightening. We have come a long way. We talk about water charges today, but back then the local District Councils were erecting pumps for local communities and the lovely town of Mountbellew, according to Council minutes, had open sewers,” says Galway County Council archivist Patria McWalter.
Patria believes we “need to take pride in our history, and we should take the same pride in our historical records as we do in our built heritage”. When you see the wealth of material in her care, this belief makes sense.
She is in charge of caring for the rich collection of administrative records owned by Galway County Council and says “these records are as much part of our history as the Rock of Cashel is. They document our lives and our ancestors’ lives. And nobody can plan for the future unless you learn from the past, what worked and what didn’t”.
Archivists and librarians are often unfairly regarded as being dry, academic types, but that’s certainly not true of Patria. Her enthusiasm is infectious as she turns the pages of several minute books from Galway’s Rural District Councils, all of them at least 100 years old.
Part of her role involved cataloguing all the records of the Councils – Ballinasloe, Clifden, Galway, Gort, Loughrea, Mountbellew, Portumna and Tuam. These records mostly consisted of minutes of various meetings.
When she was cataloguing them she realised their worth to local historians and researchers, so she decided to compile a guide to their content. The result is For the Record: The Archives of Galway’s Rural District Councils, which will be a valuable asset to anybody with an interest in history.
Many representatives on these Councils were local personalities and several were arrested during the political upheaval of the era, she explains.
And, ushering in a new era in history, women were allowed to sit on these Rural District Councils – at the time they were not allowed to sit on County Councils.
All of this information is included in Patria’s introductory essay to the attractively produced A4 size guide, which gives a glimpse into how these Rural Councils operated and the way political thinking changed in Ireland during a short 26-year period. In the early 1900s, these Councils supported Home Rule, but by 1920, they were calling for full independence and refusing to recognise the British administration.
“I love the tone,” says Patria of the minutes from meetings. “The language was very emotive.”
That was certainly true of the Gort Rural District Council. At a meeting in 1907, following riots in Dublin at the premiere of JM Synge’s play, The Playboy of the Western World the councillors’ response was vehement. They recorded their decision to “protest most emphatically against the libellous comedy, The Playboy of the Western World, that was belched forth during the past week in the Abbey Theatre, Dublin, under the fostering care of Lady Gregory and Mr Yeats. We congratulate the good people of Dublin in howling down the gross buffoonery and immoral suggestions that are scattered throughout this scandalous performance.
For more from the archives see this week’s Tribunes here
Date Published: 23-Jan-2013
SLIGO 0-9
GALWAY 1-4
FRANK FARRAGHER IN ENNISCRONE
GALWAY’S first serious examination of the 2013 season rather disturbingly ended with a rating well below the 40% pass mark at the idyllic, if rather Siberian, seaside setting of Enniscrone on Sunday last.
The defeat cost Galway a place in the FBD League Final against Leitrim and also put a fair dent on their confidence shield for the bigger tests that lie ahead in February.
There was no fluke element in this success by an understrength Sligo side and by the time Leitrim referee, Frank Flynn, sounded the final whistle, there wasn’t a perished soul in the crowd of about 500 who could question the justice of the outcome.
It is only pre-season and last Sunday’s blast of dry polar winds did remind everyone that this is far from summer football, but make no mistake about it, the match did lay down some very worrying markers for Galway following a couple of victories over below par third level college teams.
Galway did start the game quite positively, leading by four points at the end of a first quarter when they missed as much more, but when Sligo stepped up the tempo of the game in the 10 minutes before half-time, the maroon resistance crumbled with frightening rapidity.
Some of the statistics of the match make for grim perusal. Over the course of the hour, Galway only scored two points from play and they went through a 52 minute period of the match, without raising a white flag – admittedly a late rally did bring them close to a draw but that would have been very rough justice on Sligo.
Sligo were backable at 9/4 coming into this match, the odds being stretched with the ‘missing list’ on Kevin Walsh’s team sheet – Adrian Marren, Stephen Coen, Tony Taylor, Ross Donovan, David Kelly, David Maye, Johnny Davey and Eamon O’Hara, were all marked absent for a variety of reasons.
Walsh has his Sligo side well schooled in the high intensity, close quarters type of football, and the harder Galway tried to go through the short game channels, the more the home side bottled them up.
Galway badly needed to find some variety in their attacking strategy and maybe there is a lot to be said for the traditional Meath style of giving long, quick ball to a full forward line with a big target man on the edge of the square – given Paul Conroy’s prowess close to goal last season, maybe it is time to ‘settle’ on a few basics.
Defensively, Galway were reasonably solid with Gary Sice at centre back probably their best player – he was one of the few men in maroon to deliver decent long ball deep into the attacking zone – while Finian Hanley, Conor Costello and Gary O’Donnell also kept things tight.
For more, read this week’s Connacht Tribune.
Date Published: 23-Jan-2013
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