1. Construction Contracts Act – Experience to Date
Construction Contracts Conference
4 April 2019
Construction Contracts Act – Experience to Date
Presented by
Damien Keogh
“One of Ireland’s Leading
Individuals in construction law”

2. Introduction Adjudication – Almost 3 years on!
Chairperson of Minister’s Panel Annual Report 25 July 2018
Statistical Data on Reported Cases
What Factors have affected the Uptake in Adjudication?
The Standard Form Contracts
Facts you should know about Adjudication

3. Adjudication – Almost 3 years on!
No cases before Courts
Applications to Chairperson Minister’s Panel
Year 1 – to 25 July 2017 – 1 invalid application!
Year 2 – to 25 July 2018 – 11 applications – 7 completed adjudications
Anecdotal Experience
Year 1 & 2 – much the same!
Year 3 – from 25 July 2018 to date – gathering pace!

4. Minister’s Panel Chairperson Annual Report
Para 39 Code of Practice - CCAS Data
Second Annual Report 25 July 2018
11 Applications for Appointment of Adjudicator
9 Adjudicators appointed by Chairperson
7 Adjudications completed
Details of Cases Reported to CCAS

5. Statistical Data on Reported Cases
Adjudicators – 3 QSs; 2 Barristers; 1 Solr; 1 Eng
3 Sub-C/Contractor; 2 Cont/Emp; 1 Cont/Govt
2 Interim Payment, 1 Final Payment
3 Other – Termination/Liquidation/LOI
4 Decisions; 1 Adj Resigned; 1 Adj Revoked
2 €50k-€100k; 1<€0.5m; 1 between €1m & €5m
4 within 28 days; 1 within 42 days

6. What factors affected Adjudication uptake?
Contracts entered into after 25 July 2016
CCA Timing – Industry upward cycle
Uncertainty how Adjudication operates
Fear of possibility of escalating costs
Adversarial perception
Adjudication not tested in Courts
Cultural preference for conciliation
Standard Form Contracts – RIAI, Public Works Contracts

7. Standard Form Contracts
RIAI – Cl.38(a)(i)
“…the parties should enter into Conciliation…before Adjudication…”
PWC – Cl – ER’s Determination – referred to Project Board
PWC - Cl
“…either party may…refer the dispute for Conciliation”
PWC – Cl.13.3 – Adjudication
Project Board/Conciliation Immediately Adjourned!

8. Facts you should know about Adjudication
Broad meaning of “Construction Contracts”
Only applies to “Payment Disputes”
Statutory Entitlement – S.6(1) – “A party…has the right to refer…”
You can exercise your right “at any time” S.6(2)
You can’t exclude Adjudication right S.2(5)(b)

9. More Important Facts about Adjudication
It’s far quicker than Conciliation
It could cost less than Conciliation
It will cost less than Arbitration
The Adjudicator’s Decision is Enforceable by Court
You can suspend contract if Adjudicator’s Decision not paid in full
BUT
You Need to Understand & Prepare for Adjudication

10. Contact Details
Damien Keogh Principal Damien Keogh & Associates Solicitors Ph: Mob: