Horizon Scanner ICE: June 2025 - Construction & Engineering

ADJUDICATION

In March, we looked at Tenderbids Ltd t/a Bastion v Electrical Waste Management Ltd [2025] IEHC 139, in which the High Court dismissed an application to enforce an adjudicator's decision, based on a finding that the payment dispute was not validly referred for adjudication, such that the adjudicator had no jurisdiction to hear the dispute. We looked at this judgment in our briefing: Construction Law Update: Court declines to enforce Adjudicator's Decision.

A second judgment now addresses the issue of costs ([2025] IEHC 339). Having been successful in the proceedings, the respondent was entitled to recover its costs against the applicant, subject to a modification: the respondent was not entitled to recover costs relating to listings of the case on dates in 2024, reflecting possible inconvenience caused to the applicant by the respondent's delay.