My Lords, before my noble friend leaves that point, perhaps I may intervene. I declared an interest in this matter during the previous debate. I am the president of the Specialist Engineering Contractors’ Group, which takes in the second tier of contractors. My noble friend makes a point about the exceptionalism of the construction industry and says that this insolvency provision would be specific to that industry. Can he give me an example of any other industry where contracts are agreed and are then open to being reneged upon at any stage, even when one gets close to payment? The work is done, a price has been agreed and people are then able to walk away from that price. The construction industry has a degree of exceptionalism which insolvency has nothing to do with. In these amendments, we are trying address issues of force majeure by large contractors against, in the main, other large contractors, although sometimes small contractors are involved. We are trying to address an abuse, and it cannot be swept aside on some kind of superficial argument relating to exceptionalism, because exceptionalism is the nature of the construction industry’s contractual arrangements.
Local Democracy, Economic Development and Construction Bill [HL]
Proceeding contribution from
Lord O'Neill of Clackmannan
(Labour)
in the House of Lords on Wednesday, 22 April 2009.
It occurred during Debate on bills on Local Democracy, Economic Development and Construction Bill [HL].
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709 c1574 Session
2008-09Chamber / Committee
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