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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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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…

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

Introduction

Natural justice concerns may arise where an adjudicator uses their own knowledge without giving the parties an opportunity to comment. The recent case of Clegg Food Projects Limited v Prestige Car Direct Properties Limited [2025] EWHC 2173 (TCC) deals with this issue and gives important guidance. In Clegg Foods, the court considered the adjudicator’s use of ‘fair and reasonable rates,’ which were not canvassed by the parties.The judgment sets out a useful summary of the relevant case law in relation to an adjudicator using their own knowledge.

Prestige Car Direct Properties Limited (defendant) contracted with Clegg…

Continue Reading An adjudicator’s own knowledge

The judgment in Piperhill Construction Limited v Northern Ireland Housing Executive [2025] NIKB 47 considers the obligation to pay the Notified Sum. In these proceedings, Piperhill Construction Limited (plaintiff) sought summary judgment in the Northern Irish High Court to enforce an adjudicator’s decision. The Northern Ireland Housing Executive (defendant) resisted the application and argued that the adjudicator had no jurisdiction.

The plaintiff and the defendant had entered a contract in August 2022 for the refurbishment of social housing. In March 2025, the plaintiff served a notice of adjudication alleging: (1) that the defendant had failed to…

Continue Reading Northern Irish High Court examines the scope of an adjudicator’s jurisdiction

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…

Continue Reading Expert determination and manifest error

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