A HIGH Court judge has cleared the way for Athlone Institute of Technology to proceed with work aimed at ensuring it will have a “state of the art” science building catering for more students in time for the new college year in September.
QDM Capital Ltd, an electrical and mechanical systems installer, of Lower Baggot Street, Dublin, had brought a legal challenge to the manner in which the contract for the science building refurbishment works was advertised on the www.etenders.gov.ie website on April 7th last.
The bringing of the proceedings suspended the awarding of the contract, and Athlone IT, which only got approval from the Department of Education on April 1st for the works, expressed concern it could lose that funding and the works would not be carried out.
The institute, which had intended to award the contract and have the work started by May 31st last, asked the Commercial Court to fast-track the QDM challenge, and Mr Justice Peter Kelly directed the hearing of a preliminary issue as to the nature of the contract, the central issue in dispute.
Submissions on that issue were heard by Mr Justice George Birmingham this week.
In his judgment yesterday the judge upheld arguments by Denis McDonald SC, for the institute, that the contract was a public works contract within the meaning of the relevant EU directive and Irish regulations.
He ruled the contract was not, as QDM argued, a public services or public supply contract requiring it to be advertised in the official EU journal.
In those circumstances the suspension of the award of the contract could be lifted and the works could proceed.
Earlier the judge noted the existing science buildings date back to the 1970s and the refurbishment works involved a “gutting” of the existing buildings.
He said the primary purpose of the works was a major refurbishment and upgrading of the science buildings and, in bringing its action, it appeared QDM wrongly believed public work contracts relate to new buildings.
The institute had said 24 students have signed up for a new BSc honours degree course in sports science with exercise physiology, to be operated from the science building, and the refurbishment would also allow the institute increase the number of students in existing courses from 148 to 216.