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 notice. An adjudication about default payments is often referred to as ‘smash and grab.’ In Tenderbids Limited t/a Bastion v Electrical Waste Management [2026] IEHC 5, the Irish High Court held that a default payment does not arise and refused to enforce the adjudicator’s decision, which contained an error of law that went ‘to the very core of…

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 period there were 85 applications for the appointment of an adjudicator with the Chairperson appointing 79 adjudicators. This represents the second highest number of applications and adjudicator appointments since the commencement of the Construction Contracts Act 2013 (the ‘CCA 2013’) in July 2016. Out of the 59 cases in which the adjudicators made data returns to…

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 with this issue and gives important guidance. In Clegg Foods, the court considered the adjudicator’s use of ‘fair and reasonable rates,’ which were not canvassed by the parties.The judgment sets out a useful summary of the relevant case law in relation to an adjudicator using their own knowledge.

Prestige Car Direct Properties Limited (defendant) contracted with Clegg…

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 an adjudicator’s decision. The Northern Ireland Housing Executive (defendant) resisted the application and argued that the adjudicator had no jurisdiction.

The plaintiff and the defendant had entered a contract in August 2022 for the refurbishment of social housing. In March 2025, the plaintiff served a notice of adjudication alleging: (1) that the defendant had failed to…

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 earlier High Court proceedings, the respondent had successfully resisted the enforcement application on jurisdictional grounds.

Although the respondent had successfully resisted enforcement, the applicant sought a modified costs order pursuant to s169 of the Legal Services Regulation Act 2015 (LSRA 2015). The normal rule is that costs follow the event, however, s169 gives the Court a discretion to…

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, (b) the period, stage of work or activity to which the payment claim relates, (c) the subject matter of the payment claim, and (d) the basis of the calculation of the amount claimed. Under s4(3) of the CCA, if contesting the amount claimed, a response to a payment claim notice must specify (a) the amount proposed to be…

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 Notice of Adjudication by email, instead of the contractually agreed method of registered post, invalidates the adjudication process under the Construction Contracts Act 2013 (CCA 2013).

Section 6 of the CCA 2013 grants parties the right to refer payment disputes to adjudication. Section 10 allows parties to agree on the method of delivery for notices. If no agreement…