Oireachtas Joint and Select Committees

Thursday, 5 July 2018

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Contractual Arrangements for Public Sector Infrastructural Projects: Discussion

9:30 am

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail) | Oireachtas source

This is from correspondence today. It states that a summary of the legal position as it understands it is outlined in the correspondence. It states that in signing its part of the certificate of compliance and completion, the assigned certifier will rely upon a number of ancillary certificates from others involved in the work. It states that while the majority of those ancillary certificates are available for the project, some are not. It states that for those work elements where the ancillary certificate is not available, the replacement main contractor will engage new third party subcontractors to complete any outstanding works for the relevant elements and to provide ancillary certificates covering both their own work and the work carried out by previous subcontractors from whom ancillary certificates are not available. This is from the deputy director, Mr. Cahillane. I find that totally unacceptable. Mr. Miley spoke about bypassing the subcontractors. The very purpose of this meeting is to ensure that subcontractors are not bypassed. It is to ensure that this type of legal position is not adopted. We want a very basic position to be adopted, which is to pay the contractors the outstanding amount of money they are due.

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