ADJUDICATION

Following the enactment of Construction Contracts Act 2013 ("Act") from 25th July 2016, all construction contracts (as defined by the Act), entered into in Ireland, are required to have prompt payment provisions within the construction contract (or have them implied as per the Schedule contained in the Act) and in the event of a dispute, the parties have the right to refer payment disputes to adjudication at any time.

 

6.—(1) A party to a construction contract has the right to refer for adjudication in accordance with this section any dispute relating to payment arising under the construction contract (in this Act referred to as a “payment dispute”).

 

We can help you in the event that you are planning on referring a payment dispute to adjudication or if you have just received a notice of intention to refer a dispute to adjudication.

 

Essentially, a dispute which is adjudicated upon will result in an award to one of the parties which will (in most cases) require a payment, therefore it is essential that you present the best possible case.

 

The process itself is designed to be quick 28 days from the referral (or such period longer period as may be agreed by the referring party or both parties after the dispute has been referred).

 

The decision is "temporarily binding" (i.e. you will have to comply with the Adjudicator's Award), so prompt action is required to respond to the claim.

 

6 - (10) The decision of the adjudicator shall be binding until the payment dispute is finally settled by the parties or a different decision is reached on the reference of the payment dispute to arbitration or in proceedings initiated in a court in relation to the adjudicator’s decision.

 

6 - (11) The decision of the adjudicator, if binding, shall be enforceable either by action or, by leave of the High Court, in the same manner as a judgment or order of that Court with the same effect and, where leave is given, judgment may be entered in the terms of the decision.