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…

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…

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…

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…

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…

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…

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 …

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…