Adjudication
Following the enactment of the Construction Contracts Act 2013 ("CCA") on 25 July 2016, all construction contracts (defined in 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).
Adjudication Timeline
We have set out a sample adjudication timeline, which shows the steps each party needs to consider before, during and after an adjudication.
What can you refer to adjudication?
A party to a construction contract may refer a 'Payment Dispute' to adjudication. The CCA defines a "payment dispute" with the meaning assigned to it by section 6 of the CCA:
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").
Any matter involving payment under a construction contract may be referred to adjudication.
When can you refer a Payment Dispute to adjudication?
Despite the probability that the construction contract will provide for conciliation or a project dispute board, any party can refer a payment dispute to adjudication at any time.
6 - (2) The party may exercise the right by serving on the other person who is party to the construction contract at any time notice of intention to refer the payment dispute for adjudication.
Potential Issues
You must comply with the Act's requirement concerning Payment Claim Notices and that they are issued as per the Contract. See the pitfalls of failing to comply with the notice.
Delivering the notifications per the requirement under the contract.
Some external information
Adjudication documents
If the parties cannot agree on the identity of the adjudicator, then the Referring Party will have to make the application to Constructon Contracts Adjudication Services ("CCAS"):
Once appointed, the Adjudicator will have to comply with the Construction Contracts Act and the Code of Practice: