Construction Adjudication

Our Construction & Engineering team has extensive experience in acting for referring and responding parties in some of the most complex adjudications in both Ireland and the UK. Our experience includes all forms of construction contracts. Our team has also acted in many contractual adjudications, including all types of building and engineering projects, as well as contractual adjudications in the offshore wind sector. Clients include employers, contractors, sub-contractors and consultants. Where necessary we have successfully enforced adjudicator's decisions in the High Court.

Since the Construction Contracts Act 2013 became law, construction adjudication has become a mainstream method of resolving payment disputes arising under construction contracts. The use of the process is a  growing trend in the construction industry in Ireland. The legislation is aimed at helping contractors and sub-contractors with cash flow.

The adjudication process - overview

The adjudication process is relatively streamlined and the Irish courts are supportive of the process. It is started by the Referring Party issuing a Notice of Intention to refer a Payment Dispute for Adjudication. Once issued, the parties have a short period to agree on the appointment of the adjudicator. If agreement is not reached, an application is made to the Chairperson of the Construction Contracts Adjudication Service to make the appointment. Following conflict of interest checks, the prospective Adjudicator confirms the appointment to the parties. Within seven days of the Adjudicator's appointment, the Referring Party (by way of Referral Notice) refers the payment dispute to the Adjudicator. The Adjudicator confirms receipt of the Referral Notice, gives the necessary procedural directions and is obliged to reach a decision within 28 days beginning on the day the referral is made. The 28 day period can be extended to 42 days with the consent of the Referring Party or longer if both parties agree.

The decision of the adjudicator is binding upon the parties until finally settled or a different decision is reached on reference to arbitration or litigation. In the UK, adjudication brings closure to a dispute in the vast majority of cases. Should a party not comply with an adjudicator's decision, the decision may be enforced by leave of the High Court.