Ryan, C; Spillane, J P and Bradley, J G (2023) Legal issues facing adjudication in the Irish construction industry: A discussion. In: Tutesigensi, A and Neilson, C J (eds.) Proceedings of 39th Annual ARCOM Conference, 4-6 September 2023, University of Leeds, Leeds, UK.
Abstract
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.
| Item Type: | Conference Paper (Paper) |
|---|---|
| Uncontrolled Keywords: | ADR; case law; construction contracts act 2013; court; payment dispute. |
| Index terms: | legislation, legal issue, adjudication, dispute, litigation, construction contract, resolution, construction industry, emergence, case law |
| Subjects: | legal systems, dispute resolution, contract type, industry analysis, systems engineering, conflict resolution |
| Topics: | Stakeholder Management, Procurement, Research Practice, Engineering Principles, Legal Issues |
| Descriptive scope: | 3 PCT |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here