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Construction Contracts Act 2013

  • Ireland
  • General

21-03-2016

The Construction Contracts Act 2013 (the “Act”) was enacted on 29 July 2013 but remains subject to a Ministerial commencement order before it becomes operative.  Born out of the economic recession, the purpose of the Act is to regulate payments under construction contract in order to create a sustainable future for the Irish construction industry.  The Act seeks to achieve this sustainable future by introducing mandatory payment provisions, the entitlement to stop work for non-payment and statutory adjudication for payment disputes.  The purpose of this briefing is to map out the timeline of the Act.  For an in-depth consideration of the various provisions of the Act, readers can access our dedicated briefing here.

Timeline to Commencement

May 2010 The Construction Contracts Bill was introduced by Senator Feargal Quinn.
July 2013 The Act was enacted.
October 2014 The Government approved the transfer of responsibility for implementation of the Act from the Department of Public Expenditure and Reform to the Department of Business and Employment (the “Department”).  The decision to transfer responsibility was taken as the Department of Public Expenditure and Reform has a significant interest in the construction industry, as a result of its responsibility for the State’s construction procurement policy and the publication of public works contracts.
February 2015 The Government aimed to commence the Act in Spring 2015.  As the date loomed, it was widely understood this aim would not be achieved as a number of key tasks, including establishing a Panel of Adjudicators under the Act (the “Panel of Adjudicators”) and publishing a Code of Practice for the conduct of adjudications, remained outstanding.
July 2015 The Minister for Business and Employment (the “Minister”) appointed Dr. Nael Bunni as Chairperson of the Panel of Adjudicators.  It is understood Dr. Bunni, a qualified Engineer, Arbitrator and Mediator, has extensive knowledge and experience of dispute resolution in the construction industry.
August 2015 The Minister announced commencement of the application process for appointment to the Panel of Adjudicators, with a closing date for applications on 18 September 2015.
January 2016

The Minister appointed 30 persons to the Panel of Adjudicators for the period commencing on 8 December 2015 and ending on 7 December 2020.  The adjudicators are based in Ireland and the United Kingdom and are Architects, Engineers, Quantity Surveyors, Mediators, Solicitors and Barristers.

Name Country Profession
Joe Behan Ireland Engineer

Anthony Bingham

England Barrister
Timothy Bouchier-Hayes Ireland Solicitor
Kevin Brady Ireland Architect
James Bridgeman Ireland Barrister
Len Bunton Scotland Quantity Surveyor
Jonathon Cope England Quantity Surveyor
John Costello Ireland Quantity Surveyor
Nigel Davies England Solicitor and Quantity Surveyor
John Derek Ross England Engineer
Ciaran Fahy Ireland Engineer
John Gibbons Ireland Engineer
Bernard Gogarty Ireland Solicitor
James Golden Ireland Engineer
Conor Hogan Ireland Quantity Surveyor
Conor Kelly Ireland Architect
Niall Lawless England Engineer
John Lyden Ireland Quantity Surveyor
Simon McKenny England Quantity Surveyor
Niall Meagher Ireland Architect
Matthew Molloy England Quantity Surveyor
Gerard Monaghan Ireland Quantity Surveyor
Raymond Nash Ireland Mediator
Toal O Muire Ireland Architect
James O'Donoghue Ireland Architect
David O'Leary Ireland Barrister and Quantity Surveyor
Gerard O'Sullivan Ireland Barrister
Tony Reddy Ireland Engineer
John Redmond England Solicitor
John Riches England Quantity Surveyor

February 2016 The Minister circulated the Code of Practice for the conduct of adjudications.

Conclusion

As the construction industry becomes increasingly active, the on-going delay in commencing the Act undermines the Act’s key purpose of creating a sustainable future for the construction industry. The Department advise that now that the Panel of Adjudicators has been published, it is working towards a commencement date for the Act “as soon as possible”.  However with the general election just behind us, it may be that this further delays the coming into force of the Act.  We will keep you updated as the matter progresses.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full terms and conditions on our website.

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