Northern Ireland

High Court rulings shed light on decision-making within Housing Executive, insiders say

RULINGS: Two High Court rulings reveal details of decision making within Housing Executive
RULINGS: Two High Court rulings reveal details of decision making within Housing Executive RULINGS: Two High Court rulings reveal details of decision making within Housing Executive

Two High Court rulings are being cited by Housing Executive insiders to highlight issues around the dispute.

The two decisions, both delivered last year, deal with mistakes made over the pricing of a contract and the denial of a tender bid.

The judgments, not previously widely reported, are not directly linked to the ongoing disputes between the executive’s management and contractors.

But sources said they do shed light on some of the decision-making within the organisation.

Ten of 13 firms awarded contracts to carry out major works, including the refitting of kitchens and bathrooms, have walked away from the jobs, while another is in administration.

In addition, three companies charged with carrying out more routine repairs had threatened to exit their contracts until a last day deal was agreed on Wednesday.

The separate court cases involve Pomeroy-based QMAC and Combined Facilities Management (CFM) of Magherafelt.

QMAC filed a suit against the Housing Executive late in 2020 after its bid to carry out maintenance work for the organisation was turned down.

The company, which had various contracts previously and still does, was told its bid submission was turned down because paperwork was not completed.

But the judgment details how the company were unable to file completed paperwork because references from the Housing Executive itself did not arrive in time ahead of the deadline.

There was the discretion to allow the bid through through even if the paperwork was not entirely complete.

“Acting in such manner would have posed no risk to the integrity of the procurement process but rather served to obviate the risk of a competitive tender being excluded,” Mr Justice Michael Humphreys wrote in his judgment in favour of the plaintiff, QMAC.

“This was the least onerous measure to take and therefore the proportionate response.”

The judgment states it took 17 days from "the first consideration of the position and the decision to communicate the rejection". The court heard evidence the person making the decision considered it for "about 15 minutes"

“In relation to the QMAC case, the Housing Executive accepted the judge’s ruling on the inclusion of QMAC within a tendering process. This has had no operational impact,” a Housing Executive spokesperson said.

In the second case, Sir Ronald Weatherup ruled in favour of the Housing Executive, which was seeking the return of over £50,000 it claimed was wrongly paid to the contractor, CFM.

The dispute centred on the calculation of rates for work beginning in 2016.

A Housing Executive spokesperson said: “The case with CFM is currently under appeal, therefore we are unable to comment any further at this stage.

"Both rulings have, to date, had no impact on our business."