Construction Adjudication in Ireland

The Construction Contracts Act 2013 introduces adjudication for the construction industry in Ireland for the first time. The essence of adjudication is in providing a means whereby disputes as to payment under a construction contract are resolved quickly and cheaply. The key feature distinguishing adjudication from other processes is that the money found due by the adjudicator must be paid pending the outcome of arbitration or litigation. Its primary function, therefore, is to ensure cash flow for contractors and sub-contractors. Leading construction lawyer Anthony Hussey’s new book is the first to provide a section by section analysis of the Act itself, an analysis of the Code of Practice, and a discussion of the likely constitutional issues to which the legislation will give rise. This practical legal reference is aimed at all those involved in construction contract disputes, be they lawyers, architects, engineers, quantity surveyors, contractors and sub-contractors.

1. Introduction 2. The Scope of the Act 3. Exclusions from the Scope of the Act 4. Payment Entitlements 5. Payment Claim Notices 6. The Adjudication Process 7. Selection of Panel of Adjudicators 8. Extent to Which Adjudicator’s Decision is Binding 9. Enforcement 10. Right to Suspend Work 11. Costs, Fees & Expenses 12. Code of Practice 13. Constitutional Issues 14. Miscellaneous Matters Appendix I: Construction Contracts Act 2013 Appendix II: Draft SI Incorporation Code of Practice

Anthony Hussey specialises in Construction Law and acts mainly for contractors and sub-contractors. His expertise in this regard is predominantly in the area of dispute resolution but he also advises on/drafts contract documents and issues of procurement law. He has previously lectured in the law of Contract and Tort for a postgraduate course at Trinity College, Dublin, Ireland,and was also external examiner to the postgraduate Construction Law course run by the engineering faculty of Trinity College.