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Kathy Gilmore is an associate in A&L Goodbody's Construction & Engineering group. Kathy specialises in alternative dispute resolution particularly construction related litigation, conciliation, adjudication and arbitration. Kathy also advises on contract negotiation, contract drafting, strategic mid-stream advice, negligence claims, bond claims and general claims.

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

There is a general consensus that referral of payment disputes to statutory adjudication pursuant to the Construction Contracts Act, 2013 (the Act) is increasing in popularity year on year. This view has recently been supported by the Chairperson of the Construction Contracts Adjudication Panel, in his sixth annual report which was published in November 2022. It shows an increase of almost 60% in requests for the Chairperson to appoint an adjudicator to a payment dispute when compared to the previous year.

The annual report does not definitively provide all information relating to adjudications in the past year, namely given

Continue Reading Overview of the Sixth annual report of the Chairperson of the Construction Contracts Adjudication Panel