What is the procedure for adjudications?
The procedure for adjudications is set out in the Act and the Construction Contract Regulations, 2004. Potential claimants should seek separate advice concerning these requirements. In broad terms, an application must be served on all the parties to the contract and the adjudicator or appointing body within 28 days after a payment dispute arises. This time limit cannot be extended. If the claim is not made within 28 days, a claimant cannot pursue adjudication under the Act in respect of that dispute. However, this does not stop the claimant suing in court or commencing arbitration proceedings. The respondent then has 14 days within which to respond. The determination must be made within 28 days after the initial application (unless the parties agree to extend time). Generally the determination will be made on the basis of the parties’ written application and response.
