Catherine Murphy (Kildare North, Social Democrats) | Oireachtas source

According to the correspondence, regardless of whether it is a penalty relating to subsectional completion of works or the date of substantial completion, insofar as the application of liquidated ascertained damages is concerned, the same principle applies, in that the NPHDB is technically entitled to refer a claim under subclause 10.9 of the contract for moneys it asserts are due, owing in this case on foot of liquidated damages for subsectional works due to a number of outstanding time extensions. This has to do with works not being completed on time. The rate of these liquidated ascertained damages should be based on a genuine pre-estimate of the loss. When were they set out, were they reviewed and was inflation taken into account? We need to know how this works in practice.