Court Refuses To Enforce Adjudicator's Decision

A recently published decision of the Irish High Court, Connaughton v Timber Frame Projects Ltd t/a Timber Frame, in which William Fry LLP acted for the successful contractor, considered an important issue of principle relating to adjudications under the Construction Contracts Act 2013 (the Act).

In refusing an application to enforce an adjudicator's decision, the Court held that the right to refer a dispute to statutory adjudication is confined to circumstances where the dispute relates to a payment provided for under the construction contract.

The Background to the Dispute

A construction contract (the Contract) was entered into between the parties for the design, supply and erection of a timber frame structure at the site of an existing dwelling house. The terms and conditions of the Contract were were described by Simons J as "remarkably spare" and in contrast with standard form construction contracts. The terms made no provision for termination payments.