asked the Minister for Local Government if he will state whether the contract for the erection of cottages for the Cork County Council (South Cork Health District) at Scilly, Kinsale, has been completed within the contract period; and, if it has not, when it is expected that it will be completed and the reasons, if any, given for the failure to comply with contract conditions; and, finally, if the contractor has failed to complete the contract within the specified period if he will state what penalties, if any, are specified for such breach, and whether such penalties will be enforced.
Ceisteanna—Questions. Oral Answers. - Contract for West Cork Cottages.
The answer to the first part of the Deputy's question is "No". I understand that the contractor for the scheme in question expects to have the work completed by the end of next September. I understand also that he has recently been asked by the local authority to state the reasons for his failure to have the scheme completed within the specified period and that his explanation is awaited. The contract provides that the penalty for failure to complete within the specified period is £10 per week for every week during which the work remains unfinished, unless an extension of time is granted as provided for in the contract. The enforcement of the penalty clause in this case is a matter for the Cork County Council, and I am not aware of their intentions in this respect.
Would the Minister say if it is correct that no explanation was sought from the contractor until ten weeks after the expiration of the contract period in April, and would he say whether the contractor has been asked yet for an explanation?
I could not say. In the case of a dispute arising between a contractor and the employing authority, there is a clause in the contract providing for arbitration. I have not heard of any application of that nature.
Would the Minister not be surprised to find, in view of the present drive to provide houses, that the county council had not made the request after ten weeks?
It is quite obvious. Deputy Corry is chairman of that committee.
In view of the matter not being clarified between the county council and the architect on the one hand and the contractor on the other, and as regards the question of its not being finished and dealing with the possibility of penalty, may I ask if the Minister is empowered through the Act to provide arbitration if necessary?
Clauses in the contract provide for an appeal to arbitration. The Minister is not a party to the contract.