Dáil Éireann Debate, Tuesday - 6 November 2018
288. Deputy Thomas Byrne asked the Minister for Education and Skills if it is the practice that his Department issues a final substantial completion certificate with regard to the process for the delivery of new schools; the position with regard to this process in the case of schools completed by a company (details supplied); and if he will make a statement on the matter. [44971/18]
Amharc ar fhreagraUnder the Public Works Design and Build contract, when the Contractor achieves substantial completion of the Works he/she must then request the Employer’s Representative, working on behalf of the Department of Education and Skills, to issue a “Certificate of Substantial Completion”. The Contract states that “the certificate may include a list of Defects and any outstanding work [but nothing in the certificate, including the failure to list any defect, relieves the Contractor of any obligations]”.
This is very clear in the wording of the Certificates of Substantial Completion, which is signed and issued by the Employer’s Representative, viz.:
“In issuing this Certificate of Substantial Completion, the Employer’s Representative is relying on, and shall have no liability in respect of, the Opinions of Compliance issued by the Design & Build Contractor and the Design & Build Contractor’s Design team certifying that the completed works have been properly carried out in accordance with the Contract and fully comply with the current Building Regulations, Planning Permission and Fire Safety Certificate. (pre-2014 wording).”
This is a standard requirement in all projects using the Public Works Form of Contract and, as such, has applied in the case of all schools completed by the company to which the Deputy refers.
