This article is from page 2 of the 2007-04-10 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 2 JPG
that the third phase of the scheme is not expected to be complete until “late Slubeeeetoi uae “Notwithstanding contractual is- sues Clare County Council accepts that remaining sections of the project will be behind schedule,” he said. He said that section two – the Clare Road to Lahinch Road section — 1S now expected to be open in early
summer 2007. Section 3 — the Kil- low interchange to Clare Road – is now expected to open in late summer 2007 and this represents the entire scheme.
The original completion date for the scheme was April 11 but this was revised in negotiations between the council and the contractor GAMA Construction to allow for the open- ing of the eastern portion of the by- pass ahead of schedule.
Negotiations have continued be- tween the two with the council now resigned to a completion date in Au- AUB
The 97-page contract for the Ennis
bypass project states that if the con- tractor does not complete the con- tract on time, the contractor will pay delay damages to the council for not completing the bypass on schedule.
However, it is not known if the re- cent negotiations between the coun- cil and GAMA have resulted in the contract being revised to remove the threat of penalties.
The contract allows for an exten- sion of time of completion of the works, but only under certain cir- cumstances.
Acceptable problems include excep- tionally bad weather conditions and unforeseeable shortages in the avail-
ability of staff or materials caused by any delay or attributable to the council, council staff or the council’s other contractors on the site.
The contract states: “These delay damages shall be the sum stated in the ‘Appendix to Tender’, which shall be paid for every day which shall elapse between the relevant time for completion and the date stated in the taking-over certificate.”
The extent of the damages payable to the council is unspecified as the relevant appendix is not available.
Damages are only payable in the case of a justifiable delay or contract omsepeercleleee