Earlier today, the High Court published an ex-tempore judgment in Finnegan Construction Limited v Killycard Developments Limited [2024] IEHC 752, which was given by Simons J on 17 December 2024. The High Court enforced an adjudicator’s decision. However, an
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Legal insights on adjudication for the Irish construction sector
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Conditions precedent in construction contracts
By Paul Hughes
Most construction contracts contain provisions purporting to bar a party’s claim for failure to comply with the notice provisions in the contract. These provisions are referred to as conditions precedent or time bars. Typically, such provisions are along the lines…
The Eighth Annual Report Concerning the Construction Contracts Adjudication Panel
By Paul Hughes
Shortly before Christmas, the Chairperson of the Construction Contracts Adjudication Panel published the Eighth Annual Report (‘Report’) concerning the Construction Contracts Adjudication Panel. The Report covers the period from the 26 July 2023 to 25 July 2024.
In…
Generative AI and Adjudicator’s Decisions
By Paul Hughes
The use of Generative Artificial Intelligence (GenAI) tools and, specifically, GenAI chatbots such as ChatGPT, Google’s Bard or Claude is becoming increasingly common in the legal industry. GenAI tools have the potential to enable increases in efficiency, accuracy and productivity…
Failing to respond to a payment claim notice
Introduction
The Construction Contracts Act 2013 (Appointed Day) Order 2016 provides that the effective date of the Construction Contracts Act 2013 (Act) is 25 July 2016. Following this date, all ‘’construction contracts’’ as defined by the Act are subject to…
Betterment and Construction Disputes
By Paul Hughes
Introduction
In our last blog post we discussed mitigation and construction disputes. We looked at a situation where a contractor refuses to rectify defective work and the employer engages another contractor to undertake the remediation. Subsequently, the employer seeks to…
Mitigation and Construction Disputes
By Paul Hughes
Disputes often arise in relation to defects. For example, an employer may contend that a particular work item is defective, while a contractor may argue that the item is not defective. Usually, the employer will request that the defective work…
Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23
By Paul Hughes
Introduction
This month saw the UK Supreme Court give the long-awaited judgment in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23, which considered whether a collateral warranty was a construction contract…
WhatsApp Messaging
By Paul Hughes
Introduction
When sending contractual notices and other communications it is important to consider the contractual and/or statutory provisions regarding the form the communications should take.
For example, NEC requires that ‘communication which the contract requires is communicated in a form…
Stay of enforcement of an adjudicator’s decision!
Introduction
On occasion when a referring party in an adjudication process seeks leave to enforce an adjudicator’s decision, the responding party will argue that due to the referring party’s poor financial standing, it will not be able to repay the…