COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, March 19, 2014

QUESTION NO. 4

QUESTION: Councillor E. Ó Broin

To ask the Manager to provide an update on the legal action underway against the developer/building contractor responsible for Meile an Ri, Tor an Ri and Buirg an Ri and to provide a full list of all contractors who worked on the construction of these estates detailing what their responsibilities were and the time periods during which they were under contract to the Council?

REPLY:

The Balgaddy Estate was developed subject to a Masterplan which envisaged 6 separate phases (Balgaddy A, B, C, D, E and F).  Phases D, social housing, and F, affordable housing, were not proceeded with following the economic downturn. 

Balgaddy A constitutes Tor an Rí and Buirg an Ri, Balgaddy B and C constitute Méile an Rí Estate.

All houses constructed in these phases were contracted with only one company Gama Construction Ltd.,  following a series of public tenders.  There is no legal action underway against Gama Construction.  Contract disputes post-construction were addressed in a series of conciliations carried out under the terms of the GDLA 82 Contract used on all 4 phases.  None of these conciliations advanced into arbitration or legal cases. As a result of these conciliations, extensive remedial works undertaken initially by Gama Construction themselves (mainly Phase A) and later by South Dublin County Council were credited by Gama Construction against monies owing to them.  These works were counter charged by South Dublin against Final Account figures. 

The works carried out over the period had no additional cost to the public purse as a result of these offsets.  All Final Accounts and final payments to Gama Construction were completed in 2013 and agreed with the Department of Environment, Community & Local Government.

The construction company involved no longer has an active presence in Ireland.