Seanad debates

Tuesday, 8 March 2011

Construction Contracts Bill 2010: Committee and Remaining Stages

 

5:00 am

Photo of Mary WhiteMary White (Fianna Fail)

The new subsection (12) will kill adjudication. By the simple expedient of referring the dispute to arbitration or litigation the decision of the adjudicator would be rendered non-binding. This would be very unpopular in the industry. The decision of the adjudicator should be binding until there is either an arbitrator's award, a court judgment or until the parties have accepted the adjudicator's decision as the final decision. The whole industry is behind the adjudication provision. This introduction of arbitration makes the Bill meaningless.

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