The Tribune

By NATARIO McKENZIE

Tribune Business Reporter

nmckenzie@tribunemedia.net

THE Bahamian Construction Adjudication Bill will create a “paradigm shift” for the industry, a senior attorney and former Bar Association president said yesterday, hailing it as “a new day”.

Dr Peter Maynard, pictured, senior partner of Peter D Maynard Counsel & Attorneys, told Tribune Business that the Bill - currently in draft form and being circulated for consultation - provides for the swift resolution of construction-related disputes to avoid potentially lengthy, costly litigation in the courts.

“We are looking to provide an avenue to have matters adjudicated and resolved in months as opposed to years,” Dr Maynard said. “We also want to have construction adjudication set into these various agreements.

“We want to bring about a system where, rather than stop construction, stall a project and put people out of work, we can keep things going and resolve the issues swiftly.”

He added: “The underlying principle is ‘pay now, argue later’. We looked at systems around the world and thought it was about time we have it in The Bahamas. I’m going to be sending the Bill to, firstly, the attorney general and the minister of financial services and the Law Reform Commission.

“This is a project of the Chartered Institute of Arbitrators, of which Ray McKenzie - who worked on the Bill - is also a fellow. We are hoping for real transformation in the attitude people have towards settling disputes generally, but particularly in the construction sector.

“I think this is going to be a paradigm shift. It’s a new day for The Bahamas and the construction sector. There are so many smaller projects which have faced difficulty because of construction disputes, but we have also seen the major ones like Baha Mar.”

Dr Maynard said the Bahamas was successful in its bid to host the Commonwealth Lawyers Conference (CLC) in 2021. The four-day conference will bring together judges, lawyers and other professionals from 53 member countries of the Commonwealth, including English-speaking nations of the Caribbean.

The hosting of the conference by The Bahamas marks the second time the CLC will be held in the Caribbean region, the first time being in Ocho Rios, Jamaica, in 1986.

“I think its really significant because we are looking to have 3,000 lawyers in attendance. I’m hoping the conference will not only be a boost to the economy as a whole but also to our thinking about the problems that we face, particularly the very important ones relative to economic development. It’s quite a windfall for The Bahamas,” said Dr Maynard.