Over the last weeks we have looked at the new regime for
statutory adjudication in the construction sector in Ireland from a
range of perspectives. In this final article we look at what's
happening in other parts of the world in which (for the most part)
similar regimes have been in place for longer.
There are common features that underpin statutory adjudication
across most jurisdictions. For example, the key aim is ensuring
cash-flow in the construction industry by providing prompt payment
mechanisms backed up by a right to refer disputes to be adjudicated
on speedily, usually during the life of a project. Another typical
feature is the fact that an adjudicator's decision is binding
in the interim (so payment ordered must be made) and can only be
set aside by a court on fairly narrow grounds (though parties may
ultimately litigate, arbitrate or reach alternative agreement if
they continue to be in dispute). Pay-when-paid provisions are
typically outlawed, and parties
