What does Ireland's Construction Contracts Act 2013 require?
The Construction Contracts Act 2013 is Ireland's payment law for construction contracts. The contract sets payment claim dates, or the Act's Schedule does. A payment claim notice follows within 5 days, a contested claim gets a response within 21 days, and either party can refer a payment dispute to adjudication at any time.
The payment cycle, in order
- The contract must set the payment claim dates and the period from each to the payment due date (s 3(2)). Where a main contract does not, the Schedule fills the gap (s 3(3)); a subcontract gets the Schedule unless its own terms are more favourable to the party doing the work (s 3(4)).
- The payment claim notice reaches the other party within 5 days after the payment claim date.
- If the other party contests the amount, its response is due within 21 days after the payment claim date. The Act's equivalent of a payment schedule.
- Where the Schedule applies, payment is due no later than 30 days after the payment claim date.
- If payment is late, the party doing the work may suspend on at least 7 days written notice, or refer the dispute to adjudication.
If the last day falls on a Saturday, Sunday or public holiday, the next day that is not one is in time (s 10(3)).
Every duty the library holds from the Act
In the order the library holds them. Each is on the Construction Contracts Act 2013 (Ireland) page too, with how it was read.
| Duty | Window and section | If missed |
|---|---|---|
| Determine whether the contract is a construction contract the Act governs | none sets 1, 2, 12(2); S.I. No. 165 of 2016 art 2 | no penalty statedDisputes |
| Make a payment claim on the payment claim dates the contract sets, or every 30 days where the Schedule applies | 30 dayss 3(2)-(4); Sch para 1, 2 | no penalty statedDisputes |
| Deliver a payment claim notice within 5 days after each payment claim date | 5 dayss 4(1), 10(3) | the claim is barredDisputes |
| Make every payment claim notice state the amount claimed (even if zero), the period, stage or activity it covers, its subject matter and the basis of calculation | none sets 4(2) | the claim is barredDisputes |
| Receive a response within 21 days after the payment claim date if the other party contests the amount claimed | 21 dayss 4(3)(a), 10(3) | no penalty statedDisputes |
| Make a response state the amount proposed, the reasons for the difference and how the amount was calculated, with particulars of any set-off claim | none sets 4(3)(a)(i)-(iii), 4(4) | no penalty statedDisputes |
| Be paid no later than 30 days after the payment claim date where the Schedule applies | 30 dayss 3(3), 3(4), 4(3)(b); Sch para 3 | no penalty statedDisputes |
| Do not rely on a term that makes payment, or its timing, conditional on payment by someone outside the contract | none sets 3(5), 3(6) | no penalty statedDisputes |
| Give at least 7 days written notice, stating the grounds, before suspending work for non-payment | 7 dayss 5(1)-(4) | no penalty statedDisputes |
| Serve a notice of intention to refer a payment dispute to adjudication, at any time | none sets 6(1), 6(2) | no penalty statedDisputes |
| Agree an adjudicator within 5 days of the notice of intention, or the panel chair appoints one | 5 dayss 6(3), 6(4) | no penalty statedDisputes |
| Refer the payment dispute to the adjudicator within 7 days of the appointment, copying the referral and its documents to the other party at the same time | 7 dayss 6(5) | no penalty statedDisputes |
| Receive the adjudicator's decision within 28 days of the referral | 28 dayss 6(6), 6(7), 6(10)-(12) | a breach of contractDisputes |
| Give at least 7 days written notice, stating the grounds, before suspending work for failure to pay an adjudicator's decision | 7 dayss 7(1)-(4) | no penalty statedDisputes |
In this guide
- Payment claimsThe payment claim notice within 5 days after the claim date, the response within 21 days, payment within 30 days, and pay when paid, under Ireland's Act.
- AdjudicationAdjudication under Ireland's Construction Contracts Act 2013: notice of intention, adjudicator within 5 days, referral within 7 days, decision within 28 days.
- Which contractsWhich contracts Ireland's Construction Contracts Act 2013 governs: the start date, the contracts left out, the services it covers, and contracting out.
What this page is, and is not
It is the section text this library holds for Ireland's Construction Contracts Act 2013 (Ireland) and Safety, Health and Welfare at Work (Construction) Regulations 2013 (Ireland), with the window and the consequence. It is not legal advice, and it is not a substitute for reading the Act, the Regulations and the contract you signed.
Demiton does not yet track Irish projects. These pages set out the duties; the product does not run these checks on an Irish job today.
No library of law is complete, and Demiton never says this one is. An obligation the library does not hold, and you did not add, is not protected. You can add your own to any job.