Construction Adjudication Solicitor Dublin
Adjudication provides the fastest route to resolving construction payment disputes in Ireland. Under the Construction Contracts Act 2013, most parties to construction contracts have a statutory right to refer disputes to adjudication, with binding decisions typically delivered within 28 days.
At Orpen Franks, our construction law team has extensive experience representing contractors, subcontractors, developers, and homeowners in adjudication proceedings. We understand the tight timelines involved and how to present your case effectively to secure the best outcome.
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What Is Construction Adjudication?
Construction adjudication is a statutory dispute resolution process introduced by the Construction Contracts Act 2013. It provides a fast-track mechanism for resolving payment disputes in the construction industry without the delay and expense of court proceedings.
Under the Act, any party to a qualifying construction contract has the right to refer a payment dispute to an independent adjudicator. The adjudicator reviews submissions from both sides and delivers a decision that is binding on an interim basis. The losing party must comply immediately, even if they intend to challenge the outcome through arbitration or litigation at a later stage.
The process applies to construction contracts valued at over ten thousand euro. Contracts for owner-occupied dwellings under 200 square meters are exempt, as are public private partnership arrangements.
Adjudication is sometimes described as a “pay now, argue later” process, designed to address the chronic problem of delayed payments in the Irish construction sector. If you need a construction adjudication solicitor in Dublin to guide you through this process, our team has the experience and track record to deliver results.
When Should You Use Construction Adjudication?
Adjudication is the right course of action when you need a fast resolution to a payment dispute. The most common scenarios where our construction adjudication solicitors in Dublin advise clients include disputed interim payment applications where the employer has withheld payment or issued a pay less notice without proper justification, final account disputes where the parties disagree on the total value of work completed, retention release disputes where retention monies are being withheld beyond the contractual period, subcontractor payment disputes where a subcontractor has completed work but the main contractor has failed to pay, and valuation disagreements where the certified amount does not reflect the work actually carried out.
If your dispute relates to payment under a construction contract, adjudication under the Construction Contracts Act 2013 is likely available to you.
The Adjudication Process in Ireland
The statutory adjudication process follows a structured timeline. As your construction adjudication solicitor in Dublin, we guide clients through each stage.
The referring party serves a Notice of Intention to Refer the Payment Dispute for Adjudication on the other party. Both parties then have five days to agree on an adjudicator. If no agreement is reached, either party may apply to the Chairperson of the Construction Contracts Adjudication Panel to appoint one.
Within seven days of the adjudicator’s appointment, the referring party submits a Referral Notice setting out the dispute details, amount claimed, and supporting evidence. The adjudicator issues procedural directions and invites the responding party to submit a defence.
The adjudicator must reach a decision within 28 days of the referral. This can be extended to 42 days with the referring party’s consent. The decision is binding on an interim basis and enforceable through the High Court.
Costs of Construction Adjudication
Adjudication is significantly more affordable than litigation or arbitration. The main costs are solicitor fees, counsel’s fees if required if the adjudicator’s fees, and any expert reports required.
The adjudicator’s fees are typically shared between the parties or allocated in the decision.
Why Choose Orpen Franks as Your Construction Adjudication Solicitor in Dublin
Our litigation and dispute resolution department, led by Daragh O’Donovan, has particular expertise in construction adjudication under the Construction Contracts Act 2013.
We act for referring parties seeking payment and for responding parties defending against adjudication claims. This dual perspective means we anticipate arguments from both sides.
We provide same-day advice when urgent matters arise. When you contact our construction adjudication solicitors in Dublin, you speak directly with an experienced solicitor, not a call handler.
Construction Adjudication Frequently Asked Questions
Construction adjudication is a statutory process under the Construction Contracts Act 2013 allowing parties to refer payment disputes to an independent adjudicator. The adjudicator delivers a binding interim decision, typically within 28 days. It applies to construction contracts valued at over ten thousand euro (excluding smaller residential contracts) and resolves disputes quickly without court proceedings.
The adjudicator must reach a decision within 28 days of the referral, extendable to 42 days with consent. Including preliminary steps of serving notices and appointing an adjudicator, the entire process typically takes six to eight weeks from start to finish.
Costs vary depending on complexity. The main expenses are solicitor fees, adjudicator fees, and expert reports. Overall, adjudication costs significantly less than court litigation or arbitration.
An adjudicator’s decision is binding on an interim basis. Either party may refer the dispute to arbitration or litigation for a final determination. However, the decision must be complied with immediately. Non-compliance can be enforced through the High Court.
Adjudication covers payment disputes arising from construction contracts, including disputes over interim payments, final accounts, retention release, valuations, pay less notices, and variations. The contract must be valued at over ten thousand euro, with certain exemptions for owner-occupied dwellings.
While not legally required, the process involves tight deadlines, complex contractual arguments, and detailed evidence preparation. An experienced construction adjudication solicitor significantly improves your prospects and ensures your submission is properly structured and persuasive.
You can apply to the High Court to enforce the decision. Irish courts have been supportive of adjudication enforcement, and applications are typically dealt with promptly.
If you need a construction adjudication solicitor in Dublin who delivers results, contact Orpen Franks today. We offer same-day consultations and fixed fee options.
Get Expert Advice Today
If you need a construction adjudication solicitor in Dublin who delivers results, contact Orpen Franks today. We offer same-day consultations and fixed fee options.
