Construction & Engineering - Horizon Scanner: Infrastructure, Construction, Energy, September 2025

ADJUDICATION

High Court Refuses Application to Enforce an Adjudicator's Decision

The High Court refused to enforce an adjudicator's decision in Albert Connaughton v Timber Frame Projects Ltd t/a Timber Frame Ireland [2025] IEHC 469. Section 6(1) of the Construction Contracts Act 2013 gives a party to a construction contract the right to refer for adjudication any dispute relating to payment arising under a construction contract. The High Court found that the dispute in this case did not relate to a payment provided for under the construction contract and so the adjudicator lacked jurisdiction. The employer had purported to exercise his common law right to terminate the construction contract for repudiatory breach, and the dispute before the adjudicator related to a claim for monetary compensation at common law. The High Court stated that there was no clause under the construction contract which made provision for payment to the employer in the event of wrongful