Results 1,581-1,600 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: 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....
- 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: We do not want a situation where people who have a genuine grievance, which cannot be resolved through the adjudication process, find that grievance cannot be resolved. However, we want to get the balance right by having genuine thresholds, which we have on the monetary side. I refer to the argument on the existing 200 sq. m and whether that provides some difficulty. As I said, it was very...
- 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 issue of the 200 sq. m is not the same difficulty as the bespoke supplies.
- 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 would be very useful.
- 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: It might be useful to have a separate meeting, as it is not part of the legislation. I will have no difficulty in coming back to the committee to have a more detailed discussion on that issue. It is not our experience that main contractors sit back. They are the people who must deliver the project. It depends on the size of the contracting company and it is common for it to use...
- 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: Yes. That they simply wash their hands of the issue is not our experience. However, I agree with Deputy Sean Fleming's other point on volunteer boards of management. He is correct that we are asking volunteers to take on a significant responsibility because the board is ultimately liable for the school under the Education Act. We need to ensure people receive the training and support they...
- 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. 15: In page 5, subsection (1), lines 33 to 35, to delete paragraph (a) and substitute the following:“(a) if the value of the contract is not more than €10,000, or”.
- 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. 17: In page 5, subsection (1)(b), line 36, to delete “the value of the contract is more than €200,000, and”.
- 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. 18: In page 5, subsection (1), to delete line 42 and in page 6, to delete lines 1 to 3 and substitute the following:“her residence.”.
- 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: All of the limits have been pushed down to €10,000.
- 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 assure the Deputy that it was not discussed while he was absent from the room. I understand the point he is raising.
- 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 have explained that the thresholds were introduced because of a securities issue. When that issue was highlighted for Senator Feargal Quinn at the time, the view was taken to resolve it. As a consequence, the issue of thresholds would be resolved, as they were linked. Now that the issue of the thresholds has been resolved, this issue was brought to my attention very recently. I do not...
- 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: Once they are not paid in cash-----
- 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 first question that came to mind when I read this amendment was who was going to pay for the site notice being erected. This is about public contracts but what about private contracts?