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 the Chairperson, 37 decisions were issued. The composition of these decisions is as follows: the referring party was successful in 26 cases, there was a split decision between the parties in seven cases, and the responding party was successful in four cases. The table below shows the number of appointments made by the Chairperson in the last five years:

The period between 26 July 2024 to the 25 July 2025 (‘Year 9’) had the second highest number of appointments since the CCA 2013 commenced. In total, the combined value of payment disputes to which adjudicators have been appointed under the CCA 2013 for the last five years is €223.7 million. The Chairperson points out that quantity surveyors were appointed frequently to act as adjudicator with most disputes happening in Dublin.

The Chairperson refers to two enforcement decisions from the High Court. In Tenderbids Ltd trading as Bastion and Electrical Waste Management Ltd, the Court ruled that the notice of intention to refer to adjudication was not delivered in the contractually agreed manner, therefore the adjudicator’s award was unenforceable. Similarly in Connaughton and Timber Frame Projects Limited trading as Timber Frame Ireland, the High Court concluded that the adjudicator did not have jurisdiction as the dispute referred did not come within the definition of a payment dispute as defined in the CCA 2013.

The Chairperson notes that most adjudications involve disputes between sub-contractors and main-contractors, with the second highest number of adjudications involving a main contractor and employer. Other parties, such as government agencies, engineers, architects, builders, ground workers and property owners, were also represented in the adjudications. In 32 of the 37 adjudicators’ decisions, a monetary award was made. The highest awards fell between €1 million and €5 million but were more commonly between €101,001 and €500,000. Most of the decisions were reached within 42 days.

The Chairperson concluded the Report by highlighting that:

‘7.5 … In addition, it is understood from anecdotal evidence, that the availability of statutory adjudication and the  expressed intention to proceed with a case results in many payment issues being resolved without the need to proceed to adjudication.

7.6 The two Judgments of the High Court in the cases of Tenderbids Ltd trading as Bastion and Electrical Waste Management Ltd and Connaughton and Timber Frame Projects Limited trading as Timber Frame Ireland underlines the importance for parties to check their construction contract to ensure that any claim being advanced under the Construction Contracts Act, 2013 complies with the provisions of the contract as to any such claim.

7.7 It is also important that Employers, Main Contractors and Subcontractors adhere to their obligations set out in the Construction Contracts Act, 2013. I would also point out that if a party to a construction contract, as defined under the Act, is contemplating referring a payment dispute for adjudication, all appropriate procedures required under the Act and the ‘Code of Practice Governing the Conduct of Adjudications’ should be followed.’