Written answers

Tuesday, 27 November 2018

Department of Public Expenditure and Reform

Office of Government Procurement

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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78. To ask the Minister for Public Expenditure and Reform if he is satisfied with the supervision of publicly funded construction contracts; the oversight he provides for such work; and if he will make a statement on the matter. [49205/18]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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As Minister for Public Expenditure and Reform, I have responsibility for the formulation of policy, and the dissemination of best practice and guidance in public procurement.  The Capital Works Management Framework, (CWMF), managed by the Office of Government Procurement, provides the necessary tools for Contracting Authorities to ensure adequate supervision and oversight on construction projects.  This Framework is mandated for use on all capital funded construction projects. The provisions include the conditions of the Public Works Contract which outline the functions of the contract administrator; the Employer's Representative during the construction stage of a project as well as dedicated guidance, (Guidance Note 3.1-Implementation Process), on the management and oversight of the project once works commence.

The conditions of the public works contract provide the contractual tools necessary to ensure that a contractor completes a project to the required standard.  These include:

- Provision for inspections of the works whether they are executed on or off site;

- A prohibition on the covering up of work without notification to the Employer's Representative in advance;

- A requirement for all the materials and products that are to be incorporated into the works to be fit for their intended purpose and to meet the required standards;

- A fitness for purpose obligation on the works themselves in design and build contracts;

- The requirement for a detailed inspection notification framework and testing plan;

- An obligation on the contractor to keep the Employer’s Representative up to date on all matters related to the management and supervision of the works;

- To instruct the removal or replacement of works that are not completed in accordance with the specification; 

- Where work is not completed in accordance with the specification, to withhold payment until the matter is rectified;

- To appoint another contractor to rectify the works where the contractor fails to respond in a timely fashion;

The extent to which these tools are utilised and the resources associated will vary depending on a project’s scale and complexity and is a matter for the Contracting Authority with responsibility for the delivery of the project.

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