Seanad debates

Tuesday, 8 March 2011

Construction Contracts Bill 2010: Committee and Remaining Stages

 

5:00 am

Photo of Rónán MullenRónán Mullen (Independent)

I support Senator Coghlan's view. If adjudication is to work is it possible to introduce the separate issues of arbitration and litigation? Once one renders the decision of the adjudicator non-binding, does one really attack the ability of sub-contractors to achieve a speedy resolution of these matters? The Bill provides that the adjudicator shall reach a decision within 28 days and as Senator Coghlan has said, this is kicking the whole issue into the long grass - he may not have said those words but this is what it amounts to. I wonder what is the intention behind the change proposed here. Clearly it was not Senator Quinn's intention that the decision of the adjudicator should be rendered non-binding by the creation of the possibility of referring the dispute to arbitration or proceedings. This would be very unpopular in the industry and it strikes me that the decision of the adjudicator should be binding. I would like to hear the Minister of State's view.

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