Written answers

Wednesday, 18 January 2023

Department of Enterprise, Trade and Employment

Construction Industry

Photo of Gerald NashGerald Nash (Louth, Labour)
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17. To ask the Minister for Enterprise, Trade and Employment if he is concerned at reports of difficulties with construction subcontractors being paid by main contractors; if he will provide details on the number of cases before the construction contracts adjudication panel in each of the years 2020 to 2022; and if he will make a statement on the matter. [63393/22]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The Construction Contracts Act 2013 specifically provides statutory protections for subcontractors and it applies to construction contracts that have been entered into since July 2016. The legislation provides specific deadlines for subcontractors to submit payment claim notices for works carried out and for payment to be made to subcontractors within 30 days or written reasons to be given as to why the payment claimed is contested by the other party to the contract. If full payment is not made to a subcontractor within 30 days, the subcontractor has the right to refer the resultant payment dispute to adjudication under the Act. It should be noted that there are some limited types of contracts which are excluded from the provisions of the Act.

I set out below the number of Adjudicator appointments made by the Chairperson of the Construction Contracts Adjudication Panel under section 6(4) of the Construction Contracts Act, 2013 for the years 2020 to 2022.

Number of Adjudicator appointments made under section 6(4) of the Construction Contracts Act 2013

2020 2021 2022
40 44 80

There is a statutory and robust adjudication process in place to swiftly resolve payment disputes that arise in the Construction Sector. I therefore encourage subcontractors to pursue their rights for payment under the Construction Contracts Act, 2013. Further information on the Act is available on my Department’s website at www.enterprise.gov.ie.

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