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ARTICLE · 29 OCTOBER 2026

Construction Disputes And Risk After Tenderbids (Part 2)

William Fry LLP
William Fry LLP
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William Fry LLP

William Fry LLP

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Following the landmark Tenderbids decision, Irish construction law has clarified that 'smash and grab' adjudications will not be enforced, while strict notice requirements under PWC and RIAI forms now operate as absolute gateways to payment entitlement. This analysis examines how procedural compliance, payment dispute classification, and contemporaneous record-keeping have become the critical determinants of success in Irish construction disputes.

IrelandLitigation, Mediation & Arbitration
Jarleth Heneghan
Jarleth Heneghan
Cassandra Byrne
Cassandra Byrne
Liam McCabe
Liam McCabe
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Notices, Payment and Adjudication after Tenderbids

An entitlement is only as good as the notice that supports it. In Part 2 of this series, we examine notices, payment and adjudication in Ireland after Tenderbids, and how most disputes can be avoided.

In Part 1, we examined how risk is allocated in construction contracts and the risks that most often generate claims. Part 2 turns to how that allocation becomes a payment dispute, and what recent Irish judgments mean for those managing and delivering projects.

Notices as the Gateway to Entitlement

As we noted in our series on adjustments to the contract sum under the Public Works Contract (PWC), procedural compliance is the gateway to entitlement. Under the PWC claims procedure:

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