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Amendment No.5 to Construction Contracts Bill 2010 (Seanad): Report and Final Stages

Vote from 16/07/2013

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The explanatory memorandum for the Bill describes the legislation as follows.

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Background information

The explanatory memorandum for the Bill describes the legislation as follows.

"The main purpose of this Bill is to provide for a mechanism whereby prior notice of an intention to withhold sums from payments otherwise due must be given. Otherwise, payments must be made in full and/or the payee may suspend the provision of works and/or services under the construction contract until payment is made in full. This provision is proposed in ease of persons along the chain in the construction sector who may suffer unduly where an entity under a superior contract would find itself withholding payment unilaterally without cause. This would bear unfairly upon the payee or others dependent upon the payee. Ideally this measure would be linked to wider provision in respect of construction contracts including a more rapid and effective means of dispute settlement. However, that could be considered at a later point in time."

Amendment No. 5 moved by Deputy Sean Fleming:
In page 5, line 22, after 'installation' to insert following:
"by a contractor, subcontractor or sub-subcontractor".

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