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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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On 23 June 2023, the High Court delivered judgment enforcing two adjudicator’s decisions relating to the same parties but on two different construction projects. In McGurran Civils (ROI) Limited v K&J Townmore Construction Limited [2023] IEHC 355 an unusual aspect of resisting enforcement was that the respondent opposed the leave applications but did not challenge the validity of the adjudicator’s decisions. Instead the respondent sought minor reductions in relation to interest and VAT. Also, the respondent complained that the applicant did not send a claim letter prior to instituting proceedings.

Background

The first adjudicator’s decision was issued in December 2022…

Continue Reading The Irish courts’ continued support for construction adjudication

The Technology and Construction Court (TCC) in England and Wales has recently given judgment in Essential Living (Greenwich) Limited v Elements (Europe) Limited [1] in relation the extent to which an adjudicator’s decision is binding on the parties for the purpose of an ongoing final account process. The judgment may be of interest in an Irish context.

Background

Essential Living engaged Elements to design and construct modular units for a mixed use development. The contract contained a provision whereby the construction manager could, within 12 weeks after practical completion, fix a completion period which was ‘fair and reasonable.’…

Continue Reading An adjudicator’s decision in the context of the final account process

In the recent decision of Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP[1], the English Court of Appeal has provided further guidance on whether a collateral warranty constitutes a ‘construction contract.’ If a collateral warranty is a construction contract then disputes thereunder come within the adjudication regime. The decision was eagerly awaited not only because previous authorities on the issue reached different conclusions but also because Coulson J (who delivered the leading judgment) was previously of the view that ‘if the underlying contract was a construction contract, it [made] commercial sense for any parasitic…

Continue Reading Collateral warranties and the Construction Contracts Act 2013