I propose to take Questions Nos. 76, 77, 78 and 81 together.
The tender package for the project at the school referred to by the Deputy included a requirement for the provision of temporary accommodation for the duration of the construction period. In that regard, all the contractors who tendered for the contract tendered for the provision of temporary accommodation. The successful tenderer was PJ McLaughlin.
The temporary accommodation that was installed on site when the main Contractor commenced construction remains on site and is the only accommodation available to the school until the new school building is completed. The provision of this accommodation was an integral part of the tender and the Contract awarded and is not available as a separate sum.
The value of the Bond put in place at the start of the Contract is €1,062,424 representing 12.5% of the contract amount. The Bond remains in place and will called upon by the school to cover its costs in completing the construction of the new school. The Bondsman has been duly notified.
The Contractors obligation to complete the works was terminated under Clause 12.1.1(3) of the Public Works Contract in March of this year. Clause 12.1.1(3) of the Contract provides that “The Employer may … terminate the Contractors obligation to complete the Works if … the Contractor fails to proceed regularly and diligently with the execution of the Works”.
There are no monies owing to the Contractor following the termination notice.
The school, with funding from my Department, has fully paid the main contractor for all works completed on-site up to the date of the termination of works.
There is no provision within the Public Works Contract for any compensation to the Contractor following a termination notice. No amounts have been paid or been agreed to be paid in this respect.
The Contractor continues to periodically send letters and emails to the school and its design team. These are responded to by the school and its design team based on legal advice and with assistance from my Department.
The Board of Management are in the process of appointing a new Contractor to complete the envelope of the building including finishing the installation of all windows, sealing the roof and making the site safe. It is envisaged that that this Contractor will commence work in November.
The school's Design Team are also currently working to complete tender documentation in order to hold a tender competition to appoint a Completion Contractor to finish out the building. It is anticipated that the Completion Contractor will be appointed when the work to seal the building has been completed.
When the new school building is completed and occupied by the school, the school and its design team will make arrangements with PJ McLaughlin to remove the temporary accommodation from the site at that time.