Minister Damien English announces appointment of new Ministerial Panel of Adjudicators
From Department of Enterprise, Trade and Employment
Published on
Last updated on
From Department of Enterprise, Trade and Employment
Published on
Last updated on
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.
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 25 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:
Some contracts are exempt from the legislation, including where:
A construction contract entered into after 25 July 2016 and covered by the Act must provide for:
Subcontracts must at least provide the following payment claim dates in accordance with the Schedule to the Act:
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:
Minister English has appointed the following persons to the Ministerial Panel of Adjudicators under Section 8 of the Construction Contracts Act, 2013.
Name | Surname | Name | Surname |
Peter | Aeberli | Damien | Keogh |
Joe | Behan | Karen | Killoran |
Kevin | Brady | Niall | Lawless |
James | Bridgeman | John Derek | Layng Ross |
Jonathan | Cope | Niall | Meagher |
John | Costello | Gerard | Meehan |
Dermot | Durack | Matthew | Molloy |
Siobhan | Fahey | Gerard | Monaghan |
Ciaran | Fahy | James | O'Donoghue |
Orla | Fitzgerald | Denis | O'Driscoll |
John Thomas | Gibbons | Sean | O'Flaherty |
Bernard | Gogarty | Niav | O'Higgins |
James | Golden | David | O'Leary |
Conor | Hogan | Peter Eugene | O'Malley |
John | Hughes | Gerard | O'Sullivan |
Jarlath | Kearney | Edward James | Quigg |
Keith | Kelliher | Martin | Waldron |
Conor | Kelly | Peter | Walshe |