The existing building at St Conleth's Community College, Newbridge
The High Court has ordered that certification for works carried out at an extension to a Newbridge, Co Kildare, secondary school be handed over to the main contractors.
The failure to hand over the certs was threatening to hold up the completion of the extension to St Conleth's College in Newbridge in Co Kildare, the court had been told.
In his ruling this evening, Friday, November 10, Mr Justice Michael Twomey made an injunction directing that relevant certification in relation to flooring produced supplied and fitted by the subcontractor Drumderry Aggregate Ltd, registered at Bunclody Co Wexford at the school extension be handed over to K&J Townmore Construction Ltd, which is the main contractor.
The extension will provide modern facilities, a special needs unit, and additional space for a school building that was originally designed to cater for 250 students, but currently has a student population of 477.
The building works had been expected to be completed by the end of the year, and the new facilities available for students in January 2018.
Seeking the injunction, K&J claimed the failure to hand over the certs put in doubt whether the building will be ready for use next January.
Represented by Louis McEntaggart SC and Hugh Byrne Bl, instructed by Tom Casey solicitors, K&J said the issue in the case was the failure by Drumderry to provide the relevant certification in relation to flooring produced supplied and fitted by the subcontractor at the project.
K&J claimed it is necessary to have certification for each and every stage and component of the school project to satisfy all the conditions of the building regulations.
K&J argued there was no reason why Drumderry cannot provide the relevant certification in relation to the products it supplied.
K&J say there are other unrelated legal proceedings involving the parties, but the issue over the certification has nothing to do with that action.
If the certificates were not provided, K&J feared it would suffer reputational damage and financial losses.
K&J claimed if it was forced to tear out the flooring put down by the subcontractor and remediate the work, it would cost is more than €430,000.
Drumderry, represented by Eanna Mulloy SC, with Tim Dixon Bl instructed by solicitor Patrick Cunningham had opposed the application.
It was opposed on grounds including that the building made by the defendant was severely compromised from the point of view of health and safety.
In a sworn statement, Drumderry said it would be grossly irresponsible to contribute in any way to the use of a building would in any way where questions regarding the quality of the construction are still extant.
In his ruling, the Judge, who noted that all other certs concerning all other works in the project had already been provided, said that Drumderry were not responsible for health and safety matters concerning the building.
The Judge said Drumderry was only responsible for the certification of its own work. The Judge added that the balance of justice lay in granting the injunction sought by K&J.
The Judge made an order directing Drumderry to provide K&J with the certificates in relation to the Hollowcore flooring it had provided at the extension.
The Judge also directed that any outstanding monies be provided to Drumderry within seven days.