Written answers

Wednesday, 13 January 2021

Department of Enterprise, Trade and Employment

Construction Contracts

Photo of Gerald NashGerald Nash (Louth, Labour)
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23. To ask the Minister for Enterprise, Trade and Employment the number of cases heard by the panel of adjudicators established under section 8 of the Construction Contracts Act 2013 in each year since the commencement of the operation of the panel to date; and if he will make a statement on the matter. [44856/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The Construction Contracts Act, 2013 applies to certain construction contracts entered into after the 25th July 2016. If a payment dispute arises between the parties to a construction contract covered by the Act, a party to the contract has the right to refer the payment dispute for adjudication, which will be concluded within a set timeframe. The parties may jointly agree to appoint an Adjudicator of their own choice. If the parties cannot agree on whom to appoint as Adjudicator, a party to the contract may apply to the Chairperson of the Ministerial appointed Panel of Adjudicators, Dr. Nael Bunni, to appoint an Adjudicator to the dispute from that Panel.

I set out below the number of Adjudicator appointments made by the Chairperson since the commencement of the Construction Contracts Act, 2013.

Construction Contracts Act, 2013 2016 2017 2018 2019 2020 Total
Number of Adjudicator appointments made by the Chairperson of the Ministerial appointed Panel of Adjudicators 0 1 21 34 40 96

Photo of Gerald NashGerald Nash (Louth, Labour)
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24. To ask the Minister for Enterprise, Trade and Employment the number of adjudicators available to the chair of the panel of adjudicators set up under the terms of section 8 of the Construction Contracts Act 2013; the number of appointments made by the chair of the panel to each member of the panel of adjudicators from the date of operation of the system to 30 November 2020; and if he will make a statement on the matter. [44857/20]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The Construction Contracts Act, 2013 applies to certain construction contracts entered into after the 25th July 2016. There are currently 29 members of the Ministerial appointed Panel of Adjudicators excluding the Chairperson, Dr. Nael Bunni. The Chairperson has made 96 Adjudicator appointments to payment disputes since the commencement of the Act to the 30th November 2020. The appointment of an Adjudicator by the Chairperson to a payment dispute depends on a number of factors including the nature of the payment dispute which will inform the selection of a member of the Panel with the appropriate professional expertise, the availability of an individual member of the Panel and also that the member of the Panel is free from any potential conflict of interest in relation to the parties in dispute.  

The following are the number of appointments made by the Chairperson to members of the Ministerial appointed Panel of Adjudicators since the commencement of the Act to 30th November 2020.

Member of the Ministerial appointed Panel of Adjudicators established under section 8 of the Construction Contracts Act, 2013 * Number of Adjudicator appointments since the commencement of the Act to the 30th November, 2020
Member (A) 1
Member (B) 3
Member (C) 6
Member (D) 2
Member (E) 14
Member (F) 12
Member (G) 6
Member (H) 1
Member (I) 5
Member (J) 7
Member (K) 2
Member (L) 6
Member (M) 8
Member (N) 1
Member (O) 3
Member (P) 8
Member (Q) 10
Member (R) 1
Total 96

* As payment disputes which are referred for adjudication under the Construction Contracts Act, 2013 are private law contractual disputes, it would not be appropriate to disclose the names of the members of the Panel to whom disputes have been assigned.

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