1st Edition
Adjudication Practice and Procedure in Ireland Construction Contracts Act 2013
This adjudication textbook uniquely brings together a comprehensive analysis of, and commentary on, the Construction Contracts Act 2013 with a real-world perspective of adjudication, considering the knowledge, process and skills parties and adjudicators require in order to successfully participate in the adjudication process. Drawing on combined experience of 40 years in construction law, the authors provide invaluable guidance for all stakeholders in the adjudication process. The authors analyse and comment on the adjudication provisions of the Construction Contracts Act and describe prudent practice and procedure required to comply with Irish adjudication law, including case studies, case law and sample documentation for those to be involved as the parties, or those who want to act as adjudicators.
Aimed at contractors, sub-contractors, developers, employers, construction, engineering and legal professionals and students, all of whom are either involved, or have an interest, in dispute resolution and adjudication.
Part 1: 1. Introduction; 2. Overview of the Construction Contracts Act; 3. What constitutes a construction contract?; 4. Exempted contracts; 5. Right to refer payment related disputes to adjudication; 6. Adjudicator appointment; 7. Referral to the adjudicator; 8. Timing of the adjudicator’s decision; 9. The adjudicator’s role, responsibilities and powers; 10. Content and enforceability of the adjudicator’s decision; 11. Costs of adjudication; 12. Code of Practice Governing the Conduct of Adjudications; 13. Service of notices; 14. Enforcing the adjudicator’s decision; Part 2: 15. Knowledge; 16. Process; 17. Skills; Appendix A: Construction Contracts Act 2013; Appendix B: Code of Practice Governing the Conduct of Adjudications
Biography
Damien Keogh is ranked as one of Ireland’s leading construction lawyers. He is a Fellow of the Chartered Institute of Arbitrators, a lecturer in Arbitration Law at Trinity College Dublin and the Law Society of Ireland and frequently acts as an Arbitrator in both domestic and international commercial arbitrations. Damien is also an Accredited Mediator with the Centre for Effective Dispute Resolution (CEDR) and the Chartered Institute of Arbitrators (CIArb).
Niall Lawless is a Chartered Arbitrator and Engineer, Adjudicator and Mediator, and he has been involved with resolving international commercial disputes valued in excess of US$50 million. Niall is a Fellow of the Chartered Institute of Building, the Chartered Institution of Building Services Engineers, the Chartered Institution of Mechanical Engineers, the Chartered Institute for Information Technology (British Computer Society) and the Chartered Institute of Arbitrators. Niall is a Chartered Institute of Arbitrators Construction Adjudication and Mediation Course Director, Tutor and Assessor. Moreover, Niall has coached gold medal international teams in a wide spectrum of dispute resolution competitions. For six years, Niall chaired the Construction Industry Council’s ADR Management Board and was responsible for leading the production of CIC ADR publications including the CIC Users’ Guide to Adjudication: Ireland. He is a strong voice in the industry with articles and commentaries published on various international platforms.
'The book is written by a highly regarded and experienced construction lawyer and the text is clear, concise and purposeful...Worthy of note is that the author has taken an educational and discursive tone to his writing, such that it is both usable as a reference book and as a trouble-shooting manual for the Chartered Building Engineer, considering the Act and its meddling with normal commercial practice in the construction industry...well worth a read as a meaningful CPD exercise.' - Building Engineer, August 2017
