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Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: All right. If the fixed-price contract is not reformed could we be looking at a situation where none of them might survive?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Okay but is it fair to say Mr. Walsh would not be coming in here as CEO of TII and putting in writing that he believes that implementation of these measures in a timely and effective way, would do a lot to protect delivery of NDP infrastructure if he were not concerned? If these changes are not made could it have an impact on the delivery of the NDP?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Okay. Mr. Walsh referred to his belief that consideration should be given to the use of internationally recognised civil engineering contract forms such as the new engineering contract, NEC, or the FIDIC form of contract. In layman's terms, what would be the difference between those and the current contract? Would it be fair to say that of the three elements, namely, alignment of...

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Does Mr. Walsh mean contracts that are about to start?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Under construction.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Then the question is how the contract will be changed. With respect to what Mr. Walsh is looking to put in place, what will the difference be in the terms of the contract?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Would the 15% limit apply?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: In Ireland?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: That is the 15% limit.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: If a contract was a preferred tender and was awarded prior to 1 January of this year, the contractor could have a 50% inflation limit, that is, inflation would have to be above 50% before it could put in a claim.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Instead of it being two years it was 30 months. Thus, TII has contracts out there at the moment where the contractor cannot make a claim on inflation for three years and if it makes that claim it is only on claims above 50% of inflation.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Then those contracts are unworkable.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Yes but in the current environment-----

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: -----they are virtually unworkable. As it stands at the moment a contract is three years long. Is that correct?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Effectively, a contractor's claim for inflation under a 30-month contract would normally be once the contract is completed. It would be coming in in the form of claims. Is that correct?

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: So 50% inflation.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: Historically, one would never be able to establish grounds for 50% inflation.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: The contractors could not put in a claim for 30 months and then only if inflation had risen 50% above the price in the tender. The new contract stipulates two years and only where inflation rises above 15%. At the moment inflation is running at double that figure, between 20% and 30%.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: I am not an expert in this area but I have looked into it and diesel, materials and costs are key elements. Please explain how the new contract will work differently.

Joint Oireachtas Committee on Transport, Tourism and Sport: Transport Infrastructure Ireland Projects and Related Issues: Discussion (6 Apr 2022)

Kieran O'Donnell: What type of contracts are the new engineering contract, NEC, or the FIDIC form of contract? They are existing contract types.

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