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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: -----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.

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

Kieran O'Donnell: These contracts are internationally recognised.

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

Kieran O'Donnell: We are in an inflationary environment because circumstances are outside of our control in the Ukraine in terms of oil, material and other costs. We also have a considerable number of people who work in the construction sector, more particularly on contracts with TII. We have a national development plan to roll out projects the length and breadth of the country. Roadbridge brought into...

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

Kieran O'Donnell: Is it correct to say the areas being looked at concern inflation?

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

Kieran O'Donnell: Is there an option within existing contracts to vary the circumstances under which claims can be made? Does such a facility exist? Is that legally possible?

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

Kieran O'Donnell: Has the TII had direct discussions with the Department of Transport, the Office of Public Works or DPER on this matter?

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

Kieran O'Donnell: How often does the contracts committee meet?

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

Kieran O'Donnell: Did that committee meet recently on this?

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

Kieran O'Donnell: Did TII express its major concerns?

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

Kieran O'Donnell: Did TII have discussions with the Department of Transport on this?

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

Kieran O'Donnell: What is the name of the committee?

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

Kieran O'Donnell: Is the Department of Transport represented on the committee?

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

Kieran O'Donnell: For us, as a committee, it is clear that we have an alarming situation developing in terms of inflation, particularly with contracts. I shall put this in stark terms. First, we have existing contracts that are bound to put no claims in for inflation for 30 months and then they can submit a claim only if inflation is 50% above the contract price. Second, the newer contract has existed since...

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

Kieran O'Donnell: The witnesses have said that in many cases contractors would not make a claim because it was not an inflationary period but we are now in an inflationary period.

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