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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: Explain the 15%.

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

Kieran O'Donnell: Will the contractor get the additional payment it claims retrospectively based on the works it has done since the start 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: This is very important. I have spoken to contractors. At the moment they are getting killed on diesel costs and materials costs. They will have been allocated contracts and they might have to wait. They would be the preferred tender but that cannot be awarded until it has been approved. The devil is in the detail. If they have a fixed-price contract for two years, when they come along...

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

Kieran O'Donnell: From when?

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

Kieran O'Donnell: If they have done works and been paid for works done in the two years, can they claim for that?

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

Kieran O'Donnell: Then that makes it impossible. What margins would they typically be making on these contracts?

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

Kieran O'Donnell: If contractors are on margins of 1% or 2% and diesel has gone up by between 20% and 25% and materials by at least 20%, with the steel price alone increasing by 40%, they are in severe loss-making situations. From my own observations, what then happens is they are chasing the dragon of cash. They are chasing payments from TII to cover pay, materials, contractors and subbies, in many cases...

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-----

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