Construction Contracts Bill, 2010

Author:Mr Patrick Dorgan, Julian Kahn and Gaffney David
Profession:Coakley Moloney

The provisions of the the Construction Contracts Bill, 2010 are intended to address some very difficult issues surrounding the operation of construction contracts and payment practices within the industry. The Bill seeks to achieve improvements by providing for a range of statutory rights for both contractors and subcontractors, bolstered by a fast-track dispute resolution procedure. The Bill applies to construction contracts, whether oral or in writing, including agreements to carry out construction operations. However, the Bill, which is aimed at improving practises between commercial entities, does not apply to contracts with residential occupiers. Some important provisions of the Bill include:-

  1. Provision for notice of intention to withhold payment. It requires the payer to give prior and reasoned notice to the payee of an intention to withhold payment of monies due. 2. Provision for the statutory right to adjudication. Adjudication is a quick and simple mechanism to decide the amount of money to be paid. The...

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