School building projects which are funded from public monies, including the school project to which the Deputy refers, are required to use the forms of contract provided under the Capital Works Management Framework which includes a suite of public works contracts, standard conditions of engagement, model forms, suitability assessment questionnaires and guidance notes published by the Office of Government Procurement (OGP). The OGP is an office within the Department of Public Expenditure & Reform which has been tasked with centralising public sector procurement arrangements for common goods and services.
A building project is a complex arrangement of contractual relationships between the client, the main contractor, specialist sub-contractors, domestic sub-contractors, suppliers of materials, suppliers of plant etc. In general all sub-contractors employed on education sector building projects are employed directly by the Main Contractor or indirectly by the Main Contractor through other sub-contractors. It is a matter for all sub-contractors to agree terms and conditions and a schedule of payments with the Main Contractor as their direct employer.
The School Authority is the Client/Employer under the Contract for the particular project to which the Deputy refers. While my Department is the funding authority for the project, it is not a party to the Contract and, as such, my Department has had no direct dealings with the Contractor regarding this particular project.
The Deputy may be aware that the Construction Contracts Act 2013, is intended to provide statutory arrangements for payments under construction contracts. The Act, when commenced, will then provide certain protections for companies and individuals, including sub-contractors, engaged in construction related activities who enter into construction contracts covered by the Act. The Department of Public Expenditure and Reform is the lead Department in respect of this legislation.
