A confidential Cabinet memo attributes significant delays in the construction of the new National Children's Hospital (NCH) to the main contractor, BAM, citing an "unprecedented" number of over 200,000 defects recorded at the site. The National Paediatric Hospital Development Board (NPHDB) noted that a substantial portion of BAM's resources are occupied with addressing these defects, which repeatedly impacts the completion and commissioning of mechanical, electrical, and plumbing systems, often necessitating further rework.

Health Minister Jennifer Carroll MacNeill presented the memo to Cabinet. It indicates that the extent of the errors has required some rooms to be inspected up to six times. While not all defects are attributed to BAM, the number has significantly increased from 106,500 defects reported to the Dáil's Public Accounts Committee in April.

The memo highlights that as of the latest report, 1,494 rooms, or 26% of the total, have not reached contract standard, with 4,254 rooms deemed complete. The last projected completion date from BAM was September 2026, but a more recent development regarding prefabricated bathroom pods has cast further doubt on this timeline.

BAM has been unable to demonstrate fire safety compliance for 244 installed bathroom pods, a situation that officials believe will lead to additional delays. While not considered a fire risk, the issue pertains to contractual compliance. Independent testing of sample pod materials in the UK, conducted on July 10, indicated that none of the samples achieved the required fire classification. The NPHDB's Employer's Representative has requested a remediation plan from BAM, but this has not yet been received.

The memo states that BAM is attempting to shift responsibility for the bathroom pods, claiming they were not a contractor design responsibility, which the memo disputes, citing contradictions with the contract and the Government's Capital Works Management Framework.

Officials are considering three remediation options for the bathroom pods: complete removal and traditional rebuilding, applying a fire-resistant coating, or installing new walls and ceilings within the existing pods.

The memo attributes the "main cause of delay to date" on the project, which was originally due for completion in December 2022 and has seen its completion date extended 20 times, to "BAM's failure to adequately manage and resource the project and maintain effective quality assurance processes." The NPHDB has increased its inspection team and is now inspecting 100% of rooms due to the consistent poor quality of BAM's performance.

Fiona Ross, chair of the NPHDB, previously wrote to the CEO of BAM's parent company, Royal BAM Group, outlining the potential "significant impact" of the bathroom pod issue and requesting details of actions being taken to minimize further delays. However, no update has been received from BAM.

A spokesperson for Minister Carroll MacNeill stated that BAM has a clear responsibility to ensure full compliance with building regulations and contract requirements, emphasizing that patients and staff have waited long enough and the hospital must meet the required standard.

A BAM spokesman commented that technical designs and project documentation have evolved throughout the project, with ongoing design changes identified as a key risk since 2019. BAM stated they continue to work with the NPHDB and Children's Health Ireland to deliver the hospital safely and as quickly as possible.

When asked if BAM would be considered for future hospital tenders, Minister Carroll MacNeill indicated she would not select them, though she did not further elaborate on her reasoning.