High Court grants temporary injunction against subcontractor blockades at school sites
The joint venture charged with the building of several new schools has secured a temporary High Court injunction preventing subcontractors from blockading the sites of the new facilities.
The injunction was granted in favour of Inspiredspaces Bundle 5 (Ireland) Ltd, which is a joint venture with the UK firm Carillion and the Dutch Infrastructure Fund (DIFCO). The joint venture secured a tender from the State to build five schools and Institutes of Further Education.
The injunction is against subcontractors who claim they have not been paid for works they carried out at the various sites.
Earlier this year Carillion collapsed into administration, which resulted in the Irish construction firm the joint venture hired to build the schools, Sammon Contracting Ireland Ltd, going into liquidation.
Several subcontractors who carried out works on the schools including painting landscaping, electrical works, say they have not been paid money owed to them for works they have done on the projects following Sammon's liquidation.
A replacement contractor, Woodvale, has been appointed by Inspiredspaces to facilitate the completion of the schools in Wexford and Bray.
At the High Court today Inspiredspaces, represented by Brian Conroy Bl. said that last Monday several subcontractors, using vehicles, commenced a blockade preventing workers from entering sites at Wexford and Bray.
Counsel said it has been hoped that three of the schools Coláiste Ráithín and St Philomena’s Primary School, in Bray, Co Wicklow, and Loreto College, Wexford, would be open by August 27.
Works at these sites are almost complete, counsel said.
Counsel said the blockade puts the completion date at risk because the subcontractors intend to maintain this form of protest 24/7 until they get paid.
Counsel said it appeared that persons unknown, who appear to work as private security operatives, have been engaged by the protesters to obstruct access to the sites.
The other schools being constructed by his client are the Eureka Secondary School, Kells, Co Meath; Tyndall College in Carlow; and Carlow College of Further Education.
Counsel said these sites are not as advanced as the other schools.
Counsel said that while there was no blockade at these sites there was a concern after the sites were entered and items were removed from the Carlow site.
Counsel said while his client has sympathy for the subcontractors it does not owe them any money. It says it paid the monies for the works done to Carillion, which in turn was to pay those funds to Sammon.
The protesters have no legitimate claim against his client and are not entitled to prevent workers from completing the works.
Counsel added his client will deal with any valid claims by any of the subcontractors for the retention of items in the school that have not been paid for.
The application came before Ms Justice Caroline Costello who granted an interim injunction preventing the defendants or anyone who has notice of the making of the order from blocking, interfering or impeding with access to and from construction works at the schools.
The defendants are also restrained from trespassing at the schools or from removing any items from the schools, except with the consent of Inspiredspaces.
The Judge said she was satisfied to grant the orders on grounds including that there appeared to be no valid trade dispute between the parties, that the blockade appeared to be unlawful.
The orders were granted on an ex-parte basis. The case will come back before the court later this week.
