How does adjudication work under Ireland's Construction Contracts Act?
Either party to a construction contract in Ireland can refer a payment dispute to adjudication at any time. It starts with a notice of intention. An adjudicator is agreed within 5 days, the dispute is referred within 7 days of the appointment, and the decision is due within 28 days of the referral.
The timeline, step by step
Four steps, each counted from the one before: the notice of intention, an adjudicator within 5 days, the referral within 7 days, the decision within 28 days. The 5 days begin with the day the notice of intention is served, so that day is day 1.
| Duty | Window and section | If missed |
|---|---|---|
| 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 |
What the library notes on each step
Quoted a whole sentence at a time from the library's note on each row.
Serve a notice of intention to refer a payment dispute to adjudication, at any time
s 6(1), 6(2) · none set · no penalty stated
- Either party may refer any dispute relating to payment, at any time, so no window is recorded.
- Serving this notice ends the right to suspend for that amount under s 5(3)(b).
Agree an adjudicator within 5 days of the notice of intention, or the panel chair appoints one
s 6(3), 6(4) · 5 days · no penalty stated
- The 5 days begin with the day the notice of intention is served, so that day is day 1.
- The parties may choose anyone or a member of the Minister's panel; failing agreement, the chair of the panel appoints.
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
s 6(5) · 7 days · no penalty stated
- Binds the party that served the notice of intention.
- The 7 days begin with the day the appointment is made, so that day is day 1.
- The Act states no consequence for a late referral.
Receive the adjudicator's decision within 28 days of the referral
s 6(6), 6(7), 6(10)-(12) · 28 days · a breach of contract
- The 28 days begin with the day the referral is made, so that day is day 1.
- The adjudicator may extend by up to 14 days with the referring party's consent, or longer if both parties agree after the referral.
- The decision binds until the dispute is finally settled, arbitrated or decided by a court, and is enforceable by action or, with the High Court's leave, as a judgment.
Give at least 7 days written notice, stating the grounds, before suspending work for failure to pay an adjudicator's decision
s 7(1)-(4) · 7 days · no penalty stated
- Available where an amount due under the decision is not paid in full before the end of 7 days beginning with the day the decision is made.
- Work may not be suspended after payment, or after the decision is referred to arbitration or court proceedings are started on it (s 7(3)).
- The suspension period is disregarded in computing the contract's time limits (s 7(4)).
Before adjudication
The claim, the response and the payment due date are on payment claims.
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.