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.
