Glenman, a building firm, denied opportunity to challenge Galway tender

Glenman Corporation, a construction company, was initially contracted by the Council in 2019 to construct 58 homes in Ballybaan More, Galway.

However, due to project delays, which the Council blamed on Glenman, the contract was terminated in 2022.

Glenman disputed the Council’s assertion that the delays were their responsibility.

According to the High Court, only 20% of the social housing units were completed between 2020 and 2022 due to these delays.

To finish the project, the Council initiated a new tender process, which is estimated to cost €10 million.

Glenman disagreed with the Council’s decision to terminate their contract. The matter was referred to conciliation, with the conciliator supporting the Council’s termination. However, Glenman expressed dissatisfaction with this recommendation and filed a notice.

The High Court noted conflicting evidence regarding the responsibility for the historic delays in the building works.

However, the Court explained that it couldn’t consider the past delays when deciding on Glenman’s application to initiate legal proceedings after the 30-day time limit.

The Council argued that if Glenman were allowed to proceed with legal challenges beyond the deadline, it would disrupt the completion of the housing units and delay the anticipated completion date of October 2024.

The Council pointed out that these 58 units constitute a significant portion of their goal to complete 224 housing units by 2024.

The new housing units at Ballybann aim to accommodate 245 individuals.

Considering the urgency of the housing project, the Council emphasized the public interest in its swift completion.

However, the Court acknowledged that, despite the urgency, it must still adhere to the correct application of the law.

Nevertheless, the Court dismissed Glenman’s request to challenge the Council’s tender process, stating that the given reason for the missed deadline was not sufficient to allow for the late initiation of legal proceedings.

Reference

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