Schools blockade row is adjourned by High Court
High Court proceedings against several subcontractors who allegedly blockaded the construction sites of a number of new schools have been adjourned.
The adjournment came after lawyers representing some of the subcontractors, who claim they have not been paid for works carried out on the schools, gave undertakings to comply with injunctions preventing them from blocking access to the sites, trespassing at or removing any items from the schools.
Earlier this week, the joint venture charged with constructing five schools and a college of Further Education secured a temporary High Court injunction against the subcontractors.
The injunction was granted in favour of Inspiredspaces Bundle 5 (Ireland) Ltd, which is a joint venture with the UK firm Carillion, which collapsed earlier this year into administration, and the Dutch Infrastructure Fund (DIFCO).
Carillion's collapse resulted in the Irish construction firm the joint venture hired to build the schools, Sammon Contracting Ireland Ltd, going into liquidation.
Following Sammon's liquidation subcontractors who carried out works on the schools, including painting landscaping, electrical works, say they have not been paid for works they carried out the projects.
Inspiredspaces claimed before the High Court it required the injunctions because workers were being denied access to sites in Bray and Wexford following a protest commenced by the subcontractors last Monday.
Those sites were at an advanced state of construction, and any further delays would result in the school not being ready to open in time for the new school year in late August, it was claimed.
When the case returned before Ms Justice Caroline Costello today Brian Conroy Bl for Inspiredspaces said undertakings to comply with the terms of the injunctions had been offered by most of the defendants.
Counsel said workers were now back on the sites in Bray and Wexford.
While his client was reserving its position in relation to other matters, including the alleged removal of items from and damage to the sites, counsel said proceedings against those defendants could be adjourned until October.
Counsel said one of the subcontractors wished to respond to Inspiredspace's claim, and the proceedings against that entity could be adjourned to later this month.
Welcoming the fact undertakings had been given on behalf of most of the defendants the Judge expressed her sympathy to the subcontractors due to the "very, very difficult" position they found themselves in.
However, the judge said that "moral and legal duties" don't always coincide with each other.
The proceedings arose after a blockade was allegedly mounted at the site of new schools at Coláiste Ráithín and St Philomena’s Primary School, in Bray, Co Wicklow, and Loreto College, Wexford.
It was claimed the blockade placed the completion date of those schools at risk because the subcontractors allegedly said they would maintain this form of protest 24/7 until they get paid.
The other schools being constructed by Inspiredspaces are the Eureka Secondary School, Kells, Co Meath; Tyndall College in Carlow; and Carlow College of Further Education.
While no blockades were placed at these sites, where construction works are not as advanced as the other schools, the plaintiff had concerns that those sites could have been interfered with.
The plaintiff also claims it does not owe the subcontractors any money and has paid the monies for the works done at the schools to Carillion, which in turn was to pay those funds to Sammon.
The protesters, it claims, have no legitimate claim against Inspiredspaces and were not entitled to prevent workers from completing work at the schools.
