Written answers

Thursday, 28 February 2019

Department of Jobs, Enterprise and Innovation

Construction Contracts

Photo of Peadar TóibínPeadar Tóibín (Meath West, Sinn Fein)
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117. To ask the Minister for Jobs, Enterprise and Innovation the number of cases the Construction Contracts Adjudication Service has completed to date; the average cost of an adjunction to the subcontractors; the average length of time for payments to subcontractors; and if she will make a statement on the matter. [10027/19]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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The Construction Contracts Act, 2013 applies to certain construction contracts entered into after the 25th July 2016. Section 6(1) of the Act provides a statutory right for a party to a relevant construction contract to refer a payment dispute arising under the contract for adjudication. When this right is exercised, the parties to the contract may jointly agree to appoint an Adjudicator of their own choice to the dispute. In circumstances where the parties cannot or do not agree as to whom to appoint, a party may apply to the Chairperson of the Construction Contracts Adjudication Panel under section 6(4) of the Act to appoint an Adjudicator to the dispute from the Ministerial-appointed Panel of Adjudicators.

The numbers of applications processed by the Construction Contracts Adjudication Service under section 6(4) of the Act since it was commenced in 2016 are set out in the table.

Applications under section 6(4) of the Construction Contracts Act, 2013 to the Chairperson of the Ministerial-appointed Panel of Adjudicators.2016201720182019
Number of applications received 11277
Number of Adjudicators appointed01217
Number of applications which did not satisfy application requirements1050
Number of applications withdrawn0010

The payment arrangements in respect of adjudications are considered as private contractual matters between the parties and the Adjudicator. Adjudicators are not required to provide details to my Department of the cost to parties of adjudications nor does my Department set the level of fees in this regard. Adjudicators likewise are not required to provide information as to the amount of, and length of time taken, for payment awards arising from adjudications to be made to subcontractors.

The second Annual Report of the Chairperson of the Ministerial-appointed Panel of Adjudicators provides information on the outcome of a number adjudications as reported by Adjudicators in those cases and this report is available on my Department’s website at www.dbei.gov.ie.

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