John Delaney, HKA Principal was delighted to contribute to the Ireland chapter of The Construction Disputes Law Review; 2nd edition.

The Construction Disputes Law Review is a useful guide to the most consequential aspects of international construction disputes, highlighting the practical implications of the relevant case law, statutes and procedures. Topics covered include time bars as condition precedent to entitlement; right to payment for variations; concurrent delay; suspension and termination; penalties and liquidated damages; defects correction and liabilities; overall liability caps; and much more. 

Ireland is a common law jurisdiction, developing its laws both from within the jurisdiction and from other similar jurisdictions, principally England and Wales. The Constitution, Acts of Parliament, statutory instruments, regulations and European Union legislation all have legal validity.

Standard construction contracts in Ireland normally provide alternative forms of dispute resolution procedures, such as mediation, conciliation and arbitration, etc., rather than more formal litigation proceedings, with the natural consequence that there is a relatively small pool of decisions relating to construction disputes emanating from the Irish courts. Consequently, the decisions arising in the courts of England and Wales, particularly the Technology and Construction Court, are closely followed in Ireland. However, with the advent of statutory adjudication in the jurisdiction, a developing body of case law is emerging in relation to issues of enforcement and interpretation of the Construction Contracts Act 2013 (CCA 2013).

To access the Ireland chapter please use the download button above. For those wanting to view the full publication please click here.