Written answers

Thursday, 16 June 2016

Department of Jobs, Enterprise and Innovation

Legislative Programme

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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278. To ask the Minister for Jobs, Enterprise and Innovation the status of the implementation of the Construction Contracts Act 2013; and if she will make a statement on the matter. [16503/16]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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The Construction Contracts Act, 2013 will apply to certain construction contracts entered into after the 25th July 2016 in accordance with Statutory Instrument No. 165 of 2016 entitled 'Construction Contracts Act, 2013 (Appointed Day) Order 2016'. The Act provides, subject to some exceptions, new minimum contractual provisions concerning payment arrangements between the parties to a construction contract. The parties to a construction contract covered by the Act and entered into after the 25th July must therefore ensure that the contract conforms to the provisions of the new legislation.

The Act also provides for adjudication as a means to resolve payment disputes between parties to such construction contracts. If a payment dispute does arise between the parties to an applicable construction contract entered into after the 25th July 2016, either party will have the right to refer the payment dispute for adjudication. Where the parties cannot agree as to the selection of an Adjudicator, an application may be made by one of the parties to the Chairperson of the Ministerial appointed Panel of Adjudicators seeking the appointment of an Adjudicator. The Chairperson will appoint an Adjudicator from that Panel to make a determination in respect of the payment dispute.

I will publish a Code of Practice relating to the conduct of adjudications under section 9 of the Act in the coming weeks, following which there will be a public information campaign undertaken by my Department in relation to the commencement of the legislation.

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