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The Minister of State for Business, Employment and Retail, Mr Damien English TD has today (Thursday, 1 July) appointed Mr Bernard Gogarty to be the new Chairperson of the Ministerial Panel of Adjudicators under the Construction Contracts Act, 2013. Mr. Gogarty takes over from Dr. Nael Bunni who has been Chairperson since 2015.
Mr Gogarty is a solicitor with extensive experience in dispute resolution. His legal qualification and extensive litigation experience make Mr Gogarty an ideal candidate as Chairperson, as the appointment of adjudicators can involve various points of law (outside the contract dispute itself) and the service is often brought into disputes involving judicial review.
Minister English said:
"I am very pleased that Mr Gogarty has accepted the role of Chairperson of the Panel of Adjudicators. He has a proven track record of dispute resolution at the highest level in the Construction Industry and he has the right skills and the essential knowledge to chair the panel of adjudicators."
Mr Gogarty said:
"I would like to thank Minister English for selecting me to be the Chairperson of the Panel of Adjudicators and I look forward to working with the Minister and the new Panel of Adjudicators to implement the Construction Contracts Act, 2013 for the benefit of all stakeholders in the Construction Industry."
The Construction Contracts Act, 2013 provides, subject to some exceptions, new minimum contractual provisions concerning payment arrangements between the parties to a construction contract. Where payment disputes do arise between the parties to a construction contract, either party has the right to refer the payment dispute to adjudication, which will be concluded within a set timeframe. Where the parties cannot agree on an adjudicator, the Chairperson of the Ministerial Panel of Adjudicators will appoint an adjudicator from the Panel to the dispute.
Mr Bernard Gogarty is a graduate of University College Dublin and qualified as a Solicitor in Ireland in 1979 and Northern Ireland in 1992. He has been a Partner with Smyth and Son solicitors since 1984. Mr Gogarty has extensive experience in conveyancing, litigation, including Personal Injuries Litigation, construction law and commercial Arbitration. In the area of Construction Law, he has acted as consultant to several Local Authorities and has advised many of the major Construction and Building Companies operating in Ireland. He has extensive experience of all forms of alternative dispute resolution including mediation, conciliation, adjudication, and expert determination.
Mr Gogarty is an experienced commercial litigator having appeared for clients before the Commercial Court, the Court of Appeal and the Supreme Court. He has been a Fellow of the Chartered Institute of Arbitrators since 1990 and has served as Chairman of the Irish Branch of the Institute, as an Irish Representative on the Council of the Chartered Institute of Arbitrators in London and is one of the Irish Representatives to the International Chamber of Commerce Arbitration Commission in Paris. He has acted as an Arbitrator both in Ireland and abroad and has frequently represented parties, including advocating, in arbitration hearings. In addition, he has lectured extensively in this area on behalf of the Chartered Institute of Arbitrators and the Law Society of Ireland. Mr Gogarty currently lectures on the Post Graduate Diploma Course in Construction Law and Contract Administration in University of Dublin, Trinity College.
Mr Gogarty was appointed to the Construction Contracts Adjudication Panel established pursuant to section 8 of the Construction Contracts Act 2013 in 2015. He was reappointed on 6th March 2021. He was a Member of the Law Society Arbitration Committee for many years and remains involved as a consultant.
He is a member of the following dispute resolution panels:
The Department of Enterprise, Trade and Employment (DETE) plays a key role in implementing the government’s policies of stimulating the productive capacity of the economy and creating an environment which supports job creation and maintenance. The department has lead responsibility for Irish policy on global trade and inward investment and a remit to promote fair competition in the marketplace, protect consumers and safeguard workers.
For further information please contact Press Office, D/Enterprise, Trade and Employment, press.office@enterprise.gov.ie or (01) 631-2200.