On 19 April 2024, the Irish High Court delivered judgment in McGill Construction Ltd v Blue Whisp Ltd [2024] IEHC 205. The key issues before the court were whether the adjudicator had jurisdiction to determine a preliminary issue in respect
Adjudication Insider
Legal insights on adjudication for the Irish construction sector
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Adjudication and complex large value disputes
By Paul Hughes
Introduction
The annual reports from the Chairperson of the Construction Contracts Adjudication Panel indicate that, to date, adjudicators have dealt with some large value disputes. For example, in 2021 the amounts in dispute in four adjudications were over €10m. Of…
Adjudication efficiency and cost savings
By Paul Hughes
The adjudication process moves quickly. Whether you are making or defending a claim, it is important to deal with the process efficiently. Using the process efficiently has several benefits, including, producing more robust, focused and cross-referenced adjudication documentation together with…
One dispute or two?
By Paul Hughes
This blog post may be of interest to our clients involved in construction adjudications in England and Wales. Under s108(1) of the Housing Grants, Construction and Regeneration Act 1996 (E&W) (Act) a party to a construction contract has the right…
Adjudication: The Year in Review
By Paul Hughes
As we approach the end of 2023, we look back at the main developments in relation to adjudication. The year saw further clarity brought to the Construction Contracts Act 2013 (the ‘Act’) with the High Court delivering judgment in three…
Dormant Companies and Adjudication
By Paul Hughes
The Technology and Construction Court in England and Wales recently dealt with an interesting point in relation to the enforcement of an adjudicator’s decision in favour of a dormant company. The judgment may be of interest to those involved in…
A Notice of Dissatisfaction Under NEC
By Paul Hughes
The NEC suite of contracts are becoming more widespread in Ireland; therefore, it is of interest when the courts in England and Wales provide clarification on their interpretation. Under NEC if a party is not satisfied with an adjudicator’s decision,…
Adjudication as a mainstream dispute resolution mechanism
By Paul Hughes
When adjudication was first introduced in the United Kingdom, some were sceptical about its prospects. However, shortly after the introduction of adjudication, in Macob Civil Engineering Ltd v Morrison Construction Limited,[1] the courts gave support to the process and…
Rethinking Concurrent Delay
By Paul Hughes
Introduction
The judgment in Thomas Barnes & Sons (In Administration) v Blackburn with Darwen Borough Council (Council) [2022] EWHC 2598 (TCC) has caused further debate in relation to concurrent delay. The judgment seems to row against the preferred ‘first-in time-approach’…
The forum for challenges to an adjudicator’s jurisdiction
By Paul Hughes
On 17 August 2023, the Irish High Court delivered judgment in K&J Townmore Construction Limited v Keogh [2023] IEHC 509. The key question for the court was whether a challenge to an adjudicator’s jurisdiction should take place before the adjudication…