Noreside Construction Ltd v Irish Asphalt

Citation: [2014] 1 ESC 68 (Supreme Court of Ireland)

Noreside was the contractor for the construction of a large development of retirement homes for Dublin City Council. It obtained aggregate fill material from a supplier, Irish Asphalt. After it became known that the material used was susceptible to expansion with moisture, creating the phenomenon known as ‘pyrite’ heave’,  Noreside sought an indemnity from Irish Asphalt and when it was refused, made an application to the High Court for a declaration as to the effect of the supply contract. Irish Asphalt appealed to the Irish Supreme Court on the grounds that its own terms and conditions governed the supply contract with Noreside. The court took the view that Noreside had not been given sufficient notice to incorporate these terms and conditions, nor were they incorporated as part of a course of dealing. Custom and practice of the industry varied and such terms and conditions could not be said to be standard.

Counsel: Paul Darling OBE QC

Counsel