Dáil Éireann Debate, Tuesday - 6 November 2018
294. Deputy Thomas Byrne asked the Minister for Education and Skills if a final substantial completion certificate is issued with regard to his Department’s 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) as part of a rapid build programme in 2008 and 2009; and if he will make a statement on the matter. [44979/18]
Amharc ar fhreagraUnder Design and Build contracts, the contractor and the contractor’s design team are responsible for ensuring quality and for presenting Certificates which confirm that the buildings are constructed in accordance with the works requirements and building regulations.
The Certificates relating to buildings constructed by the Contractor referred to by the Deputy, signed by the Contractor and its architects, engineers, and sub-contractors, are on the Department’s files. In 2008/09 these Certificates were pro-forma templates provided by the relevant professional bodies (e.g. RIAI, ACEI etc.).
Under 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 was very clear in the wording of the Certificates of Substantial Completion, which was signed and issued by the Employer’s Representative in 2008 and 2009, 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.”
