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Paul Hughes

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Paul Hughes is a senior associate in A&L Goodbody's Construction & Engineering group. Paul has extensive experience in construction disputes and acts for employers, contractors and sub-contractors across multiple sectors, including, civil engineering, residential, commercial, educational, refurbishment, repair and maintenance and energy. Paul has expertise in disputes concerning extensions of time, loss and expense, defects, variations, payments, final accounts, true valuations, termination and asbestos. Paul has experience of dealing with disputes arising under the standard forms of contract, including, JCT, NEC, FIDIC, PWC & RIAI and ancillary agreements. Paul holds a PhD (Law) and is a solicitor in both Ireland and England and Wales. He is also a Fellow of the Royal Institution of Chartered Surveyors (FRICS), the Society of Chartered Surveyors Ireland (FSCSI), the Chartered Institution of Civil Engineering Surveyors (FCInstCES) and the Chartered Institution of Arbitrators (FCIArb).

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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…

Continue Reading Costs in adjudication enforcement

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…

Continue Reading Payment notices and pay less notices

Introduction

Expert determination is a specialist form of alternative dispute resolution. It is most often used where a technical dispute arises that requires a specific expertise to resolve. As such, it is relatively quick and cost-efficient. Expert determination provisions usually provide that the parties are bound by the determination save in circumstances of manifest error in the determination. To establish a manifest error, it is not enough for a party to show that their position is correct. That party must show that the expert’s position is obviously wrong. The precise meaning of manifest error depends on the particular contract and…

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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…

Continue Reading For the first time the Irish courts refuse to enforce an adjudicator’s decision

Under the Construction Contracts Act 2013 (‘CCA 2013’) a party can refer a payment dispute to adjudication. Section 6 of the CCA 2013 defines a payment dispute as ‘any dispute relating to payment arising under the construction contract.’ In the UK, although the Housing Grants, Construction and Regeneration Act 1996 (as amended) (‘HGCRA 1996’) permits any dispute to be referred to adjudication, it too confines that right to ‘a dispute arising under the contract.’ In Ireland, there is no adjudication case law regarding the parameters of the meaning ‘under the contract.’ A question arises as to…

Continue Reading The Construction Contracts Act 2013: Payment disputes arising under contract

Earlier today, the High Court published an ex-tempore judgment in Finnegan Construction Limited v Killycard Developments Limited [2024] IEHC 752, which was given by Simons J on 17 December 2024. The High Court enforced an adjudicator’s decision. However, an issue arose as to the treatment of interest.

Previously, Aakon Construction Services Limited v Pure Fitout Associated Limited [2021] IEHC 619, considered whether, in the absence of the adjudicator having made any provision for the payment of interest, the successful party could rely on s.22 of the Courts Act 1981 to claim interest. The court held that it is a…

Continue Reading Interest forming part of an adjudicator’s decision

Most construction contracts contain provisions purporting to bar a party’s claim for failure to comply with the notice provisions in the contract. These provisions are referred to as conditions precedent or time bars. Typically, such provisions are along the lines that should a party fail to issue a notice within a certain specified timeframe of becoming aware (or should have become aware) of event giving rise to a claim, the other party is discharged from all liability in connection with that claim.

Often disputes arise regarding whether a particular provision is a condition precedent. In Tata Consultancy Services Limited v …

Continue Reading Conditions precedent in construction contracts

Shortly before Christmas, the Chairperson of the Construction Contracts Adjudication Panel published the Eighth Annual Report (‘Report’) concerning the Construction Contracts Adjudication Panel. The Report covers the period from the 26 July 2023 to 25 July 2024.

In that period there were 101 applications for the appointment of an adjudicator with the Chairperson appointing 93 adjudicators. The appointments led to 74 issued decisions. Some disputes were settled (approximately 12%) or withdrawn after an adjudicator was appointed. The number of adjudicators appointed in this period represents the highest number of appointments since the Construction Contracts Act 2013 (the…

Continue Reading The Eighth Annual Report Concerning the Construction Contracts Adjudication Panel

The use of Generative Artificial Intelligence (GenAI) tools and, specifically, GenAI chatbots such as ChatGPT, Google’s Bard or Claude is becoming increasingly common in the legal industry. GenAI tools have the potential to enable increases in efficiency, accuracy and productivity across a number of legal tasks and activities. However, users must be aware of, and take into account, the risks and challenges which exist with these tools.

The Technology and Construction Solicitor’s Association (TECSA) is a leading Adjudicator Nominating Body in England and Wales. Adjudicators on its panel include Sir Rupert Jackson who was the judge…

Continue Reading Generative AI and Adjudicator’s Decisions

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