Legal issues facing adjudication in the Irish construction industry: a discussion

The Construction Contracts Act 2013 (hereafter referred to as “the Act”) was enacted a decade ago. However, the resolution method is yet to be widely adopted within the Irish context. This research aims to discuss the legal problems that the Act has faced to date. The way these issues are handled by the Irish legal system influences how the Act may be utilised in future. Adjudication cases that progressed to litigation, post the introduction of the Act, are the primary source for the discussion. Seven legal problems make up the basis of this discussion. Misinterpretation of the legislation is a recurring cause of legal problems. However, the adoption of court rules is gradually resolving this issue. Five of the seven problems were resolved, however one resolution resulted in the emergence of another legal issue. This study's essential contribution is to discuss the legal developments that have occurred since the Act has been in practice, in hopes that this information will assist contract parties in protecting their rights to payment security.