Oireachtas Joint and Select Committees

Tuesday, 9 February 2021

Public Accounts Committee

National Paediatric Hospital Development Board: 2019 Financial Statement

1:00 pm

Mr. David Gunning:

I will answer that part first and I will then ask Dr. Emma Curtis to answer Deputy Murphy's question on pandemic issues.

On the counterclaim, there is a mechanism in the contract for penalties to be paid, which is called liquidated damages or liquidated and ascertained damages. Those penalties apply after a certain time has elapsed from the contractual completion date. We will seek to apply those through the contract. That is one aspect. Counterclaims also arise on other matters and the development board has issued a number of counterclaims to the contractor to recover costs on some other activities of the contractor. Those activities are clear and the contract is clear on them.

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