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).
Referral to Adjudication of a Payment Dispute
The CCA defines a “payment dispute” with the meaning assigned to it by section 6 of the CCA:
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.
We have set out a sample adjudication timeline, which shows the several steps which each party to an adjudication needs to consider.
It is vital that you comply with the requirement of the Act in relation to payment claim notices and that it is issued as per the Contract. See the pitfalls of failing to comply with the notice.