Introduction
On 27 March 2026, in the case of BMC Renovation Ltd v Gael Property Investments Ltd [2026] IEHC 195, the High Court (Simons J) granted leave to enforce an adjudicator’s decision under the Construction Contracts Act 2013 (CCA 2013).
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Smash and grab adjudication
By Paul Hughes & Paul McNamee
Introduction
Since the inception of the Construction Contracts Act 2013 (CCA 2013), discussions have taken place regarding whether an obligation to make a default payment arises in circumstances where the payer fails to issue a response to a payment claim…
The Ninth Annual Report Concerning the Construction Contracts Adjudication Panel
By Paul Hughes & Paul McNamee
In November 2025, the Chairperson of the Ministerial Panel of Adjudicators published the Ninth Annual Report (‘Report’) concerning the Construction Contracts Adjudication Panel. The Report covers the period from the 26 July 2024 to the 25 July 2025.
In that…
An adjudicator’s own knowledge
By Paul Hughes & Srishti Kumar
Introduction
Natural justice concerns may arise where an adjudicator uses their own knowledge without giving the parties an opportunity to comment. The recent case of Clegg Food Projects Limited v Prestige Car Direct Properties Limited [2025] EWHC 2173 (TCC) deals…
Northern Irish High Court examines the scope of an adjudicator’s jurisdiction
The judgment in Piperhill Construction Limited v Northern Ireland Housing Executive [2025] NIKB 47 considers the obligation to pay the Notified Sum. In these proceedings, Piperhill Construction Limited (plaintiff) sought summary judgment in the Northern Irish High Court to enforce…
Costs in adjudication enforcement
The judgment of the High Court in Tenderbids Limited [Trading as Bastion] v Electrical Waste Management Limited [2025] IEHC 339 considers the allocation of costs in the context of a failed attempt to enforce an adjudicator’s decision. As context, in…
Payment notices and pay less notices
By Paul Hughes
Introduction
Both in Ireland and the United Kingdom, we are often asked to advise on whether payment notices are valid.
Under s4(2) of the Construction Contracts Act 2013 (CCA 2013) a payment claim notice must specify (a) the amount claimed,…
Expert determination and manifest error
Introduction
Expert determination is a specialist form of alternative dispute resolution. It is most often used where a technical dispute arises that requires a specific expertise to resolve. As such, it is relatively quick and cost-efficient. Expert determination provisions usually…
For the first time the Irish courts refuse to enforce an adjudicator’s decision
By Paul Hughes
Background
The judgment in Tenderbids Limited t/a Bastion v Electrical Waste Management Limited [2025] IEHC 139 delivered on 13 March 2025 addresses a procedural issue under the Construction Contracts Act 2013. The core issue is whether the delivery of a…
The Construction Contracts Act 2013: Payment disputes arising under contract
Under the Construction Contracts Act 2013 (‘CCA 2013’) a party can refer a payment dispute to adjudication. Section 6 of the CCA 2013 defines a payment dispute as ‘any dispute relating to payment arising under the construction contract.’ In the…