Results 10,281-10,300 of 11,861 for speaker:Brian Hayes
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: Section 3 deals with payments under the construction contract. Simple contracts can stipulate fixed amounts to be paid at stages, such as the completion of foundations, external walls, roofs, etc. Larger contracts allow for a fixed period between each interim payment. Typically, such payments are monthly. However, the amounts associated with interim payments are not stipulated but are...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: The concern we have is that by deleting the line in question, it makes all rulings virtually applicable on subsections (a) and (b), that is, the amount of each interim payment to be made and the amount of the final payment. Not all cases fall under those two categories - that is the point. There are other circumstances in any contractual relationship where they may not. If one takes out...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: If one takes out "or" and puts in "and for an adequate mechanisms for determining these amounts"------
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: Can the Deputy see my concern that by taking the line out-----
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: Let us look at that again.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: 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...
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: My understanding is a contractor does not retain the certifier. In fact, it is separate entirely to the process. The contractor does not use a certifier for that.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: By taking this out?
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: This is a clarifying change for the avoidance of doubt. Typically, payments under a construction contract are conditional upon a certificate of payment being issued by the named certifier under the contract. If section 3(5) were not amended, it might not be clear that this provision complies with the provisions of the Bill.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: The employer.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: That is between him and the main contractor.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: I am not sure I understand Deputy Fleming's point.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: I think we are talking at cross purposes. I will keep it simple. The way a subcontractor agrees the contract with the main contractor is not relevant to the Bill.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: The objective of the Bill is to ensure people get paid on time and to provide for an adjudication process where there is a dispute. What we are trying to obtain from the legislation is very net. The arrangements people come to as to how they are paid is a matter entirely for them to negotiate in contracts with the main contractor.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: The Schedule makes provision for all of the payments. There is now a legal provision for this. Where a person cannot get paid, an action will be taken under the adjudication process, presumably.
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: Is the Deputy happy now?
- Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Construction Contracts Bill 2010: Committee Stage (15 May 2013)
Brian Hayes: The presentation of a petition to wind up a company is an important tool for subcontractors and suppliers. It provides a means for them to seek compensation in the event of non-payment. Similarly, it is an important indicator of a company's financial standing. I have been advised, therefore, that the definition included in the Bill covers the appropriate level of insolvency situations....
- Written Answers — Department of Public Expenditure and Reform: State Property (16 May 2013)
Brian Hayes: In line with the Office of Public Works policy relating to the issue of surplus State Property, the first stage is to determine if another State Body has use for the asset. A feasibility study is currently underway to examine the potential for two State Agencies to utilise the property. It is anticipated that this property will be in effective State use by the end of the year.
- Written Answers — Department of Public Expenditure and Reform: Office of Public Works Projects (16 May 2013)
Brian Hayes: Work in relation to the provision of new tea rooms at Kilmacurragh is progressing satisfactorily and a planning application will be submitted to Wicklow Co. Co. shortly. It is expected that, following a tender competition, work will commence on site later this year with completion early in 2014.
- Written Answers — Department of Public Expenditure and Reform: Office of Public Works Expenditure (16 May 2013)
Brian Hayes: Each year, prior to the Visitor Season on Skellig Michael, the Office of Public Works (OPW) carries out routine maintenance tasks on the Island to ensure that any damage to the Monument is assessed, any debris of winter storms is cleared away, the Island is made safe for workers and visitors and that the OPW accommodation on the island is readied for season use. In certain years, more work is...