Department sues schools building contractor
The Department of Education and Skills is suing a building contractor which built a number of schools at the centre of recent inspections and some closures over concerns about structural issues.
The department has bought proceedings against Tyrone-based Western Building Systems (WBS,) which has built 42 schools around the country in the last 14 years.
In recent months, alleged structural weaknesses were found in 23 schools — two of which were closed temporarily while precautionary works were carried out and a third was partly closed.
A number of the schools were identified as in need of work but did not require closures.
The department yesterday applied to Mr Justice Robert Haughton to admit its proceedings against WBS to the fast-track Commercial Court list. WBS did not oppose the application.
David McGrath, for the department, said dates in the new year for exchange of papers between the parties had been agreed. A number of applications in relation to third parties may also be brought and Mr McGrath asked that they be put in for May 6.
Paul Gardiner, for WBS, said there is an arbitration clause in the contracts although he does not think it is a matter that would go to arbitration.
Mr Justice Haughton said he had read the papers and is satisfied it is an appropriate case to admit to the Commercial Court list. He made directions for exchange of papers based on an agreed schedule.
Last month, Education Minister Joe McHugh told an Oireachtas committee that his department will pursue every legal channel against WBS for the cost of the initial precautionary works as well as more long-term remediation work.
WBS has complained that schools previously certified on completion as being free from defects by the department were described 12 months ago by the then-minister as being built to the highest standards. Now, they are deemed to require remedial works, it said. Such “a turnaround” is “troubling on a wider scale”, said the company last month.
