12th May 2021
The Minister for Business, Employment and Retail, Damien English TD, has today appointed an additional 17 members to the Ministerial Panel of Adjudicators under the Construction Contracts Act, 2013.
On 7 March 2020, the Minister re-appointed 19 members of the previous panel who had re-applied to serve on the adjudication panel.
This now brings the total composition of the panel to five barristers, six solicitors, six architects, seven engineers, and 12 quantity surveyors. The Minister is satisfied this represents enough adjudicators and a good mix of the required professions to meet the requirements of the Construction Contracts Act, 2013 over the next five years.
Speaking about the appointments Minister English said:
“I am very pleased to appoint the members of the Ministerial Panel of Adjudicators following the recent open competitive process conducted by my Department. I believe this new adjudication panel should greatly assist those involved in the construction sector to resolve payment disputes in a professional and efficient way.”
The Construction Contracts Act, 2013 introduced new minimum payment arrangements between parties to a construction contract, which applies to contracts entered into after 25 July 2016. Section 8 of the Construction Contracts Act, 2013 provides for the establishment of a Ministerial appointed Panel of Adjudicators and section 8(1) of the Act states: “The Minister shall from time to time select persons to be members of a panel to act as adjudicators in relation to payment disputes and shall select one of those persons to chair the panel.”
Under the Act, if a payment dispute arises between parties to a construction contract covered by the Act, either party may refer the dispute for adjudication, which will then take place in a tight timeframe. If the parties cannot agree on the appointment of an adjudicator, an application can be made to the Chairperson of the Construction Contracts Adjudication Panel, Dr. Nael G. Bunni, to appoint an adjudicator to the dispute from the Ministerial appointed Panel of Adjudicators.
Notes to Editor
Construction Contracts Act, 2013
The Construction Contracts Act, 2013 provides, subject to some exceptions, minimum contractual provisions concerning payment arrangements between the parties to a construction contract which apply to contracts entered after 25th July 2016. Where payment disputes do arise between the parties to a construction contract after the commencement of the Act, either party has the right to refer the payment dispute for adjudication, which will be concluded within a set timeframe.
Expressions of interest were sought by the Department of Enterprise Trade and Employment from suitably qualified persons for selection to this new Panel of Adjudicators.
Section 8 of the Construction Contracts Act, 2013 requires that a member of the Ministerial appointed Panel of Adjudicators must be a person of any of the following descriptions:
- a registered professional as defined in section 2 of the Building Control Act 2007
- a chartered member of the Institution of Engineers of Ireland
- a barrister
- a solicitor
- a fellow of the Chartered Institute of Arbitrators, or
- a person with a qualification equivalent to any of those specified in (i) to (v)
- duly obtained in any other Member State of the European Union.
Some contracts are exempt from the legislation, including where:
- the value of the contract is not more than €10,000;
- the contract relates only to a dwelling and it has a floor area not greater than 200 square metres and one of the parties to the contract is a person who occupies, or intends to occupy, the dwelling as his or her residence;
- it is a contract between a State Authority and its partner in a Public Private Partnership arrangement;
- it is a contract of employment.
A construction contract entered into after 25 July 2016 and covered by the Act must provide for:
- the amount of each interim and final payment or an adequate mechanism for determining those amounts;
- the payment claim date for each amount due or an adequate mechanism for determining it; and
- the period between the payment claim date and the date on which the amount is due.
Subcontracts must at least provide the following payment claim dates in accordance with the Schedule to the Act:
- 30 days after the commencement date of the construction contract;
- every 30 days up to the date of substantial completion; and
- 30 days after the date of final completion.
The date on which payment is due in relation to an amount claimed under the subcontract shall be no later than 30 days after the payment claim date.
A list of the appointments by Minister English to the panel is set out below:
Construction Contracts Act, 2013
Members of the Construction Contracts Adjudication Panel
Minister English has appointed the following persons to the Ministerial Panel of Adjudicators under Section 8 of the Construction Contracts Act, 2013.
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