Dáil Éireann Debate, Tuesday - 4 July 2023
271. Deputy Michael Healy-Rae asked the Minister for Enterprise, Trade and Employment if a matter in relation to funding for State companies (details supplied) will be examined; and if he will make a statement on the matter. [32656/23]
View answerThe Office of Government Procurement operates as an office of the Department of Public Expenditure and Reform. It is responsible for implementing national policy on public procurement, particularly in relation to construction procurement. Generally, the payment of subcontractors is a contractual matter between the contractor and the subcontractor and enforceable before the Courts.
Within the remit of my Department is the Construction Contracts Act, 2013. The purpose of this Act is to regulate payments, particularly the timing of payments, under a construction contract covered by the legislation. It applies to both oral or written contracts and one of the principal objectives of the Act is to provide important statutory payment protections for subcontractors in the construction sector. The parties to a contract covered by the Act cannot opt of the provisions of the Act.
The Act also provides a statutory entitlement to avail of adjudication as a means of swiftly resolving payment disputes that arise under construction contracts. When this right is exercised, the parties to the contract may jointly agree to appoint an Adjudicator of their own choice. In circumstances where the parties cannot or do not agree as to whom to appoint, a party may apply to the Chairperson of the Construction Contracts Adjudication Panel under section 6(4) of the Act to appoint an Adjudicator to the dispute from the Ministerial-appointed Panel of Adjudicators. The adjudication will then be concluded within a set timeframe in accordance with the provisions of the Act.
If a subcontractor is not paid for their invoiced work, then they should consider using the statutory adjudication process to resolve the payment dispute.
Full details of the Construction Contracts Act, 2013 are available on the website of my Department at the following link:
www.enterprise.gov.ie/en/Construction-Contracts-Adjudication-Service/.
