Public Procurement Contracts
Dail Éireann — 2026-04-16
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Cian O'Callaghan (SD), Dublin Bay North

I think, based on the Minister's comment, that he accepts there is a problem here and I ask him to look into it further. The engineers are not raising this for no reason; it is because they are experiencing a very real problem. There is a solution to this which is to insert net contribution clauses into public contracts. That would not increase risk for the State and would simply prevent smaller contributors from being forced to absorb the full cost of defects caused by others. It would not remove any liability but it would ensure fairness in how liability works.
England, Scotland and Northern Ireland use these clauses routinely. The Civil Liability Act already allows for it. Section 35(1) explicitly recognises that parties may enter contracts limiting liability to their just share. The legislative basis is there but we need the Government to put it into action. Net contribution clauses would make public contracts more attractive, stabilise insurance costs and help ensure that engineering firms remain willing to tender. It would really help us to deliver the housing and infrastructure that we need. Will the Minister look further into this? Does he accept that there is a problem here?

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2026-04-16/debate/main
Retrieved: 2026-08-14T04:54:49+00:00
Sitting date: 2026-04-16