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 across a number of legal tasks and activities. However, users must be aware of, and take into account, the risks and challenges which exist with these tools.

The Technology and Construction Solicitor’s Association (TECSA) is a leading Adjudicator Nominating Body in England and Wales. Adjudicators on its panel include Sir Rupert Jackson who was the judge

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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 the well-known statutory timelines for payment with a corresponding right to seek adjudication in the event of a payment dispute.  

This past summer marked the eighth year that the Act was fully operational in the Irish construction sector. Given the growing popularity of adjudication, stakeholders in the Irish construction sector are continuing utilise adjudication as a method

Continue Reading Failing to respond to a payment claim notice

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 recoup the remediation costs from the initial contractor. In those circumstances, we looked at the importance of considering whether the employer has mitigated its loss. Continuing the theme of defending an employer’s claim, in this post we consider betterment. A betterment defence is often run in tandem with mitigation.

Betterment relates to the correction of a defect in such a

Continue Reading Betterment and Construction Disputes

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 is remediated by the contractor. If the contractor fails or refuses to remediate the work item, the employer will engage others to carry out the remediation and seek to recover the costs from the contractor. Similarly, an employer who terminates the contractor’s employment will engage another contractor to complete the project and seek to recoup the additional costs from the

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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 for the purposes of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996). Thereunder, a construction contract is defined as carrying out construction operations.

If a collateral warranty is a construction contract for the purposes of the HGCRA 1996, disputes arising thereunder can be adjudicated upon. However, if a collateral warranty is not a construction contract, disputes

Continue Reading Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23

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 which can be read, copied and recorded.’ JCT provides that notices and other communications shall be in writing and can be ‘sent or transmitted by the means … as the Parties have agreed’ in the contract. Under the Construction Contracts Act 2013, if the parties do not agree on the manner for delivery of notices, then the notices can be

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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 amount awarded if it subsequently transpires in arbitration or litigation proceedings that the sum directed to be paid was not in fact due and owing.

The circumstances in which the enforcement of an adjudicator’s decision will be stayed due to the finances of the referring party is an issue which has yet to be resolved by the Irish courts. The

Continue Reading Stay of enforcement of an adjudicator’s decision!

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 of their own jurisdiction and what constitutes valid grounds to resist the enforcement of an adjudicator’s decision under the Construction Contracts Act 2013 (the Act).

The court considered that as an exception to the general principle that an adjudicator does not have jurisdiction to make a determination to their own jurisdiction, the parties can, ‘by agreement’, confer

Continue Reading Kompetenz-Kompetenz and new grounds of opposition to enforcement

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 course, the amount in dispute does not automatically mean that the dispute is overly complex. A smaller disputed amount may give rise to more complex issues.

As adjudication is a speedy process, the question arises as to whether a dispute may be too large or complex for adjudication. To date, this matter has not been dealt with by the Irish

Continue Reading Adjudication and complex large value disputes

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 time and cost savings.

There is awareness amongst those involved in construction disputes that having contemporaneous documentation is vital. However, it is important that the documentation is accessible and filed in a logical file structure. Many contractors and sub-contractors have very sophisticated document management systems while others may use less sophisticated systems. From our perspective, no matter what system is

Continue Reading Adjudication efficiency and cost savings