Brian Hayes (Dublin South West, Fine Gael)
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I move amendment No. 21:

In page 6, subsection (5), line 42, after "contract" to insert the following:
"(done otherwise than as part of a mechanism for determining the amount due)".

This is a clarifying change for the avoidance of doubt. Typically, payments under a construction contract are conditional upon a certificate of payment being used by the named certifier under the contract. If section 3(5) was not amended, it may not be clear that this provision complies with the provisions of the Bill. Amendment No. 21 is intended to clarify the position of the architect, engineer or any other named certifier under a construction contract.