Oireachtas Joint and Select Committees

Tuesday, 13 July 2021

Public Accounts Committee

National Paediatric Hospital Development Board: 2019 Financial Statement (Resumed)

9:30 am

Mr. David Gunning:

I thank the Deputy. The current process with the contractor on the compliance programme is an effort to get to the point where all stakeholders are aligned around a clear programme. That is the first point. I guess our priority is to get clarity on this, get committed to it and deliver it within that timeframe. As the Deputy will be aware, there are provisions in the contract. Some people refer to these as penalties for delay but the appropriate title is for liquidated and ascertained damages. There is a provision in the contract whereby if the contractor is delayed and, following the various dispute processes we have spoken about, that delay is felt to be the responsibility of the contractor then the employer and the development board would have the right under the contract to claim a certain amount of money from that contractor for that delay.

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