The timeline and milestones of the adjudication process are dictated under the Construction Contracts Act 2013. Adjudication is a fast process, but it requires meticulous and careful preparation of evidence. If there is an error in preparation there is little or no opportunity to make a correction before its consequences are reflected in the adjudicator’s decision. The ability for the referring party to fully prepare in advance of issuing a Notice of intent to refer the dispute to adjudication, and the lesser time for the Respondent to compile and submit its response, results in a process that can favour the referring party.

adjudication diagram

Alternative Dispute Resolution (ADR) is the umbrella term that includes all dispute resolution processes, apart from litigation. As an alternative to the lengthy and costly process of litigation, ADR receives strong support from the courts. Every dispute is different in nature. The choice of ADR methods allows parties to choose the resolution process that best suits their needs, in either a consensual agreed decision or an imposed decision forum.

comparison of primary dispute methods

Alternative Dispute Resolution (ADR) provides a range of processes to suit the needs of the individual dispute. A consensual outcome is achieved when the parties agree a solution, sometimes with the assistance of an independent third party. A recommended outcome is arrived at when a third party investigates and then recommends a solution which the parties do not have to accept. The imposed outcome is the result of a third party deciding upon the dispute which is then binding upon the parties.

Downloads

ADR Guide 2018 – Law Society of Ireland

Amended HGCRA enacted 13.10.2009

Arbitration Act 2010

Code of Practice to the Construction Contracts Act 2013

Construction Contracts Act 2013

Construction Contracts Act 2013 – Information Booklet

Engineers Ireland – Conciliation Procedure 2000

Engineers Ireland – Conciliation Procedure 2013

Engineers Ireland – Pupillage Procedure 2011

Engineers Ireland – 100 Day Arbitration Procedure

Guidance note 3.1.1 – Dispute Resolution – Office of Government Procurement

Housing Grants, Construction and Regeneration Act 1996 – Part II Construction
Contracts

Kings College – Construction Adjudication Report 2022

Mediation Act 2017

RIAI Conciliation Guidelines & Procedures 2016

Seventh Annual Report of the implementation of the Construction Contracts Act 2013

The Scheme for Construction Contracts (England and Wales) Regulations 1998
(Amendment) (England) Regulations 2011

The Scheme for Construction Contracts (England and Wales) Regulations 1998

UNCITRAL – Arbitration Rules (as revised 2010)

UNCITRAL – Conciliation Rules 1980

UNCITRAL – Convention on the Recognition and Enforcement of
Foreign Arbitral Awards 1958

UNCITRAL – Expedited Arbitration Rules

UNCITRAL – Guide to the New York Convention of Enforcement of Foreign
Arbitral Awards 2016

UNCITRAL – Model Law on International Commercial Arbitration with 2006
amendments

UNCITRAL – Model Law on International Commercial Mediation 2018