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The Construction Contracts Act 2013 was introduced into the Irish construction industry for the primary benefit of the sub-contractors, and to address their exposure to the poor payment practices that were prevalent in the industry.
The Act was introduced in the Seanad by Senator Feargal Quinn in May 2010, as a private member’s bill. It was enacted on 29th July 2013 and recently came into effect on the 25th July 2016. The Act seeks to regulate payments under construction contracts and to provide fast track dispute resolution for matters related to payments. The Act is centred around three vitally important elements within construction contracts:
- The payment process.
- The right to suspend works.
- Dispute resolution.
It is expected to have a major impact on industry and the Act will apply to most construction contracts with few, but none the less, noteworthy exceptions.
The research was carried out to discover if the introduction of the Act held any implications for the practicing quantity surveyor. To achieve this, a qualitative research was carried out utilising action research and semi-structured interviews along with a literature review. This research revealed that currently the role of the quantity surveyor has not altered greatly, but moving forward as the Act is embraced, they will play a vital role in implementing the conditions of the Act.
Based on the research the Author discovers little has changed from a procedural or documentation point of view and he makes several recommendations he feels may improve the implementation of the Act, such as: Improved education, industry regulation, enforcement from contract administrators and a full review of the Act in coming years to identify any alterations which may improve on the legislation.
Byrne, R. (2017) CONSTRUCTION CONTRACTS ACT (2013): IMPLICATIONS OF THE ACT FOR THE PRACTICING QUANTITY SURVEYOR - A COMPANY BASED INVESTIGATION, Dublin Institute of Technology, 2017.