Construction Payment Disputes Solicitor Ireland
Non-payment and late payment remain the single greatest threat to construction businesses in Ireland. If you are owed money for completed work, a construction payment disputes solicitor in Ireland can help you recover what you are entitled to through negotiation, statutory adjudication, or court proceedings. Orpen Franks Solicitors acts for contractors, subcontractors, suppliers, and developers across residential, commercial, and infrastructure projects.
Owed money for construction work?
Call +353 1 637 6200 or email law@orpenfranks.ie
for a same-day response.
What Are Construction Payment Disputes?
A construction payment dispute arises when one party to a construction contract fails to pay, underpays, or unreasonably delays payment owed to another party. These disputes are among the most commercially damaging issues in the Irish construction industry.
Payment disputes can occur at any project stage, involving interim payment applications certified at a lower amount than claimed, final account disagreements, retention monies withheld beyond the contractual period, disputed variations where additional work is contested, and pay less notices issued without adequate justification.
The Construction Contracts Act 2013, which came into force in July 2016, introduced statutory protections for parties to construction contracts. The Act requires clear payment provisions and grants any party the right to refer a payment dispute to adjudication for a binding interim decision within 28 days.
As a construction payment disputes solicitor, Orpen Franks advises clients on their rights under the Act and represents them through every stage of payment recovery.
Why Construction Payment Disputes Require Urgent Action
Cash flow is the lifeblood of any construction business. When payments are withheld, consequences cascade through the supply chain. A main contractor who is not paid may struggle to pay subcontractors and suppliers, who face their own financial pressures in turn.
The Construction Contracts Act 2013 addresses this through adjudication, a fast-track mechanism delivering decisions within 28 days. This speed is critical for businesses that cannot afford to wait months for a court hearing.
Our construction payment disputes solicitors in Ireland provide same-day advice when urgent payment issues arise. We understand that time is money in construction and structure our advice accordingly.
How We Resolve Construction Payment Disputes
The approach depends on the amount at stake, the contractual framework, and the relationship between the parties. We assess each case individually and recommend the most effective route to recovery.
Negotiation is often the first step. A well-drafted letter of claim from an experienced construction payment disputes solicitor can prompt payment without formal proceedings.
Statutory adjudication under the Construction Contracts Act 2013 is available for qualifying contracts. This process delivers a binding interim decision typically within 28 days, enforceable through the High Court.
Mediation offers a confidential process where an independent mediator assists settlement. It is particularly effective when parties wish to preserve an ongoing commercial relationship.
Arbitration is required under many standard form construction contracts, including RIAI contracts. The arbitrator’s decision is binding and enforceable as a court judgment.
Court litigation through the High Court or Commercial Court is appropriate for complex or high-value disputes where other methods have been exhausted.
Why Choose Orpen Franks as Your Construction Payment Disputes Solicitor in Ireland
Orpen Franks has been resolving commercial disputes for over two hundred years. Our litigation department, led by Daragh O’Donovan, has specialist expertise in construction payment disputes across all sectors of the Irish construction industry.
Our client base includes developers, main contractors, subcontractors, suppliers pursuing unpaid invoices
When you contact Orpen Franks, you speak with an experienced solicitor who can give you substantive advice from the first conversation.
Construction Adjudication Frequently Asked Questions
Document all outstanding invoices, payment applications, and correspondence. Check your contract regarding payment timelines and dispute resolution procedures. Then contact a construction payment disputes solicitor immediately. Prompt action is essential because delay can weaken your position.
The Act requires every qualifying construction contract to include clear provisions for interim and final payments. It grants any party the right to refer a payment dispute to statutory adjudication, delivering a binding interim decision within 28 days. The Act applies to contracts valued at over ten thousand euro, with exemptions for small residential dwellings.
Yes, provided your contract is covered by the Construction Contracts Act 2013. You serve a Notice of Intention to Refer the Payment Dispute for Adjudication. An adjudicator is appointed, and the process completes typically within 28 days. The decision is binding on an interim basis and enforceable through the High Court.
A pay less notice is a formal notice served by the paying party indicating they intend to pay less than the amount claimed. To be valid, it must specify the amount considered due and the basis for the calculation. If a valid pay less notice is not served within the contractual timeframe, the full amount claimed may become due.
The limitation period for breach of contract is six years from the date of the breach. For contracts executed as a deed, the period is twelve years. The clock typically starts from when payment was due under the contract. We recommend seeking advice as soon as a payment dispute arises.
Key evidence includes the construction contract, payment applications and certificates, correspondence relating to the disputed payment, records of work completed including photographs, invoices and proof of costs, and any pay less notices issued. Our solicitors advise on the specific evidence required for your dispute.
Costs depend on complexity and the resolution method chosen.
If you are owed money on a construction project, contact our construction payment disputes solicitors in Ireland today. We provide same-day advice and can initiate adjudication proceedings within days.
Get Expert Advice Today
If you are owed money on a construction project, contact our construction payment disputes solicitors in Ireland today. We provide same-day advice and can initiate adjudication proceedings within days.
