Seanad debates

Tuesday, 23 July 2013

Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages

 

3:50 pm

Photo of Caít KeaneCaít Keane (Fine Gael) | Oireachtas source

I thank the Minister of State. With regard to payments under contracts, payments claims notices and who is entitled to claim, what is included in the Bill? In the previous section of the Bill there is reference to the exclusion of materials, plant and machinery, but in this section it is indicated that construction contracts shall provide for what is not included in the other section. I know of a subcontractor who had all his plant and machinery stolen and taken to Dubai under a construction contract. He is a very good subcontractor and worked here on the M50. The machinery was taken to Dubai by the main contractor and the subcontractor did not realise this was happening. When he got out to Dubai to do the work, he found out he did not own the machinery, and €1.5 million of his plant and machinery had been taken from Ireland to Dubai. Does this Bill include something that would help that subcontractor? It happened a couple of years ago so the action would have to be retrospective.

What happens if the contractor applies for a State contract, as dealt with by other sections of the Bill? Anybody who acts in such a way to a subcontractor should never again be employed on a State contract. There is such a provision in the planning Acts.

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