[Article] Road builders and Irish Rail disputes to cost €100m

[Colm Moore]

http://www.irishtimes.com/newspaper/...277319004.html

Road builders and Irish Rail disputes to cost €100m
TIM O'BRIEN

THE STATE is facing further claims estimated in excess of €100 million as a result of disputes between road builders and Iarnród Éireann.

As recently reported in this newspaper Ban Civil the consortium which built the M9 Waterford to Knocktopher road scheme, lodged a claim for €30 million with Kilkenny County Council over what it said were delays in reaching agreement for work on the Knockmoylan railway bridge.

Now it has emerged similar claims for additional payments were lodged with local authorities in counties Clare, Galway, Meath and Carlow. All allege delays by Iarnród Éireann in processing approval for bridge works.

The claim against Clare County Council was lodged by the Gama Strabag consortium, builders of the Ennis bypass.

Another claim relates to the Navan inner relief road in Co Meath. Regan Contractors became involved in a dispute with Iarnród Éireann over a crossing of the line between Tara Mines and Drogheda. The Navan inner relief road opened in May 2009 about three years after its projected date of 2006.

The Irish Times understands another dispute citing Iarnród Éireann in a claim for compensation relates to a crossing of the Dublin to Waterford Railway line as part of the Carlow bypass. Two claims have previously been lodged with Galway County Council alleging delays in the approval of two bridges on the N6 Ballinasloe to Athlone route. In addition, in late 2008 the consortium building the Kilcullen to Waterford section of the N9/N10 was granted almost €7 million in compensation due to delays in obtaining consent from Iarnród Éireann for the construction of a bridge over a rail line along the route.

Neither Iarnród Éireann nor the National Roads Authority (NRA) could say this week how many claims for compensation had been made or what the value of those claims was. Both agencies said that they were not defendants in the claims which were made against the local authorities in whose name the road schemes were carried out.

But according to documents released by the NRA under the Freedom of Information Act, the authority was so concerned about the situation it raised the issue with Minister for Transport Noel Dempsey more than two years ago.

Internal NRA documents of the time revealed: “The NRA is continuing to incur significant costs as a consequence of contractor claims in respect of disruption to work programmes for major road schemes because of undue delays on the part of Iarnród Éireann in the approval of national road bridges over railway lines.”

Iarnród Éireann has consistently maintained its concerns were in the interests of the safety of the travelling public.

In a statement it said: “Given that many contractors have had works approved smoothly, any elongation of the approval process in individual instances is down to contractors failing to meet or provide for in their own planning what are uniform standards in works which impact on the railway line.”

http://www.irishtimes.com/newspaper/...275468248.html

Contractor seeking €30m from council
TIM O'BRIEN

A CLAIM for compensation in the order of €30 million has been lodged with Kilkenny County Council. The claim from Bam Civil Ltd, the contractor of the M9 Waterford to Knocktopher road scheme, relates to alleged delays in processing approval for the design of the Knockmoylan railway bridge.

The National Roads Authority (NRA) which, along with the county council is a defendant in the claim, confirmed the action is one of a number of multimillion euro claims involving Iarnród Éireann in works impacting on the railway line across the State.

In a separate action citing difficulties reaching agreement with Irish Rail, a landowner in Arklow Co Wicklow is taking a High Court action against Minister for Transport Noel Dempsey, alleging difficulties over crossings of the Rosslare railway line. Landowner and builder Greg Kavanagh claims the difficulties in gaining access on a level crossing and through an underpass to his land cost him a €60 million development deal.

In an affidavit and a Notice of Motion lodged in the High Court, Mr Kavanagh is seeking a number of reliefs claiming wrongdoing by Irish Rail. He is also seeking an order compelling the Minister to suspend the board of Irish Rail parent company CIÉ. The case is listed for hearing on October 11th.

The NRA would not put a figure on the claims from road builders in relation to cases involving Irish Rail. But a spokesman remarked a claim was “very different” from a judgment in each case. The spokesman confirmed such cases were “an issue” and said the range of complaints covered providers of gas and electricity as well as the rail company.

Irish Rail spokesman Barry Kenny said the company “absolutely rejected” any inference against it. Mr Kenny said there was “a standard approach for appraisals” of work which would impact on its line, and health and safety was a requirement of the Railway Safety Commission. He said the company had to satisfy itself all works were done with “line-side-fencing” in place, that look-outs were in position and that the company was warned of laying of decks for road bridges.

“There is a standard approach to all of these and contractors should factor in the responsibility we have for safety of the railway,” he said.

He recalled that, in 2001, a deck collapsed on the railway near Leixlip in north Kildare and said the company had to take safety issues very seriously.

The Bam Civil Ltd case for compensation alleged delays in approval for the design of the Knockmoylan bridge. The Waterford to Knocktopher scheme, which opened in March, was completed nine months later than planned. Kilkenny County Council and its consultants, Arup, are assessing the claim, which may ultimately be settled by an arbitration.

The 22km road links the Waterford bypass road at Dunkitt, to Knocktopher, Co Kilkenny. The scheme cost €274 million. The final section – Knocktopher and Carlow – will open later this year.