header-logo header-logo

25 September 2015 / Paul Hughes , Paul Hughes
Issue: 7669 / Categories: Features , Profession
printer mail-detail

Work in progress

nlj_7669_hughes

Construction adjudication is to be introduced in Ireland, Paul Hughes explains

In Ireland construction disputes are normally resolved by arbitration, conciliation, mediation or litigation. However, pursuant to the provisions of the Construction Contracts Act 2013 (the Act) adjudication will be introduced into Irish law this year. The legislation does not demand that the parties take their dispute to adjudication. The parties are at liberty not to accept the adjudicator’s decision, albeit they are bound by the decision temporarily at least. In broad terms the adjudication process as set out in the Irish legislation is similar to the adjudication legislation in the UK. However, the UK legislation applies to a dispute which includes “any difference”, whereas, the Irish legislation only applies to a “payment dispute”.

Disputes falling within the scope of the Act

The Act does not affect every contract. To that extent there are a number of hurdles which must be overcome before any attempt at adjudication is made. First, there must be an enforceable construction contract and second, the dispute must relate to payment arising under the contract. The party initiating the process

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll