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
