August 2023

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 process, by way of judicial review, or after the adjudication process, by way of enforcement proceedings under the Construction Contracts Act 2013 (Act).

The court considered that the case raised a matter of significant public importance, namely: can the legislature’s intention of creating an alternative to litigation be thwarted by one party subjecting the adjudication process to litigation…

Continue Reading The forum for challenges to an adjudicator’s jurisdiction

On 11 August 2023, the Irish High Court delivered judgment enforcing two adjudicator’s decisions in  DNCG Ltd v Genus Homes Ltd [2023] IEHC 490. Central to the judgment is a consideration of whether an adjudicator is under a positive obligation to request further and better particulars in relation to the positions advanced by the parties. The court confirmed that adjudication is not an iterative process, and that an adjudicator is not under a positive obligation to invite the parties to elaborate upon their submissions to shore up their positions.

Background

The works, the subject matter of the adjudications, reached substantial…

Continue Reading Adjudication: an iterative process?

Introduction

Once a notice of referral is served by a referring party, a responding party will be under significant pressure given the extremely tight timeframe for an adjudication.

The process is also open to a situation where the referring party serves a notice of referral to adjudication at a time that makes quick turnaround more challenging for the responding party, for example on a Friday evening or before a holiday period such as Easter or Christmas, in an attempt to gain advantage. This tactic if often referred to as an “ambush adjudication”.

It is therefore critical that, in the event…

Continue Reading Guide book to preparing for an adjudication