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Andrew Heffernan

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Andrew Heffernan is an Associate in A&L Goodbody’s Construction & Engineering Group. Andrew has experience in drafting and negotiating bespoke forms of construction contract as well as the standard forms including the RIAI, JCT and FIDIC suites of contract.

Andrew also provides strategic mid-stream advice throughout the construction process concerning consultant appointments, sub-contracts and collateral warranties. Andrew acts for both Employers and Funders in the market and advises a broad range of clients across multiple business sectors overlapping with the construction industry, including the residential, office, retail, pharmaceutical and food/beverage sectors.

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

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!