Adjudication

Following the enactment of Construction Contracts Act 2013 (“CCA”) from 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:

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”).

When can you refer a Payment Dispute to adjudication?

Despite the probability that the construction contract will refer to 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.

We have set out a sample adjudication timeline, which shows the several steps which each party to an adjudicator 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.

Some external information