The newsletter provides information on recent events and updates in construction law adjudication. It summarizes that the annual London adjudication conference in August was a success, with the next major conference planned for Edinburgh in 2022. It also summarizes a recent Irish court case that enforced an adjudicator's decision and clarified that parties have an unfettered right to refer disputes to adjudication under Irish law. Upcoming events and conferences are also announced.

1. WWW.UKADJUDICATORS.CO.UK
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EDITORS COMMENTS
The annual London conference took place on
the 19 August 2021 and was a very popular
event again. Many thanks to all of the speakers
and sponsors for making this event possible.
Our charity partner for the conference was the
Free Representation Unit and we thank
Desimone Consulting for providing raffle prizes
for the Charity Raffle.
With the country reopening after the lockdown
we hope to be able to arrange some physical
events in the last quarter of the year; if you
would like to host or take part in these please
do drop me an email.
Our next major conference will be the Edinburg
Conference in 2022.
As always please do forward articles, events
and worthy news for inclusion in forthcoming
newsletters.
Sean Gibbs LLB(Hons) LLM MICE FCIOB FRICS
FCIARB, is the Chief Executive Officer of
Hanscomb Intercontinental and is available to
sit as an arbitrator, adjudicator, mediator,
quantum expert and dispute board member.
sean.gibbs@hanscombintercontinental.co.uk

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ADJUDICATION ENFORCEMENT IN
IRELAND
In Ireland the enforcement of an adjudicator’s
decision is dealt with pursuant to s6(11) of the
Construction Contracts Act 2013 (the ‘Act’)
and Order 56B, Rule 2 of the Rules of the
Superior Courts. The uptake of adjudication
has been increasing and some decisions have
been handed down by the High Court. The
most recent decision of Principal Construction
Limited v Beneavin Contractors concerns the
enforcement of an adjudicator’s decision.
In Principal Construction the applicant and
respondent entered a construction contract
using the RIAI Yellow Form of Contract, 2017
with quantities. A dispute arose between the
parties concerning the final account to which
the adjudicator made a decision. Section 6 of
the Act provides as follows:
‘(10) The decision of the adjudicator shall be
binding until the payment dispute is finally
settled by the parties or a different decision is
reached on the reference of the payment
dispute to arbitration or in proceedings
initiated in a court in relation to the
adjudicator’s decision.
(11) The decision of the adjudicator, if
binding, shall be enforceable either by action
or, by leave of the High Court, in the same
manner as a judgment or order of that Court
with the same effect and, where leave is
given, judgment may be entered in the terms
of the decision.’
The respondent resisted enforcement arguing
that the words ‘if binding’ in s6(11) made it
easier to resist enforcement in Ireland when
compared to the United Kingdom as those
words are not contained in the corresponding
United Kingdom legislation. The respondent
contended that as the final certificate had
become binding the matter could not be
referred to adjudication. Furthermore, the
respondent argued that the adjudicator
breached natural justice by finding that the
adjudicator had no jurisdiction to consider the
respondent’s counterclaim for liquidated
damages.
In enforcing the adjudicator’s decision,
Meenan J held that the words ‘if binding’ in
s6(11) should be interpreted narrowly and
read subject to the provisions of s6(10) which
provides that the adjudicator’s decision is
binding until the payment dispute is finally
settled by the parties or a different decision is
reached in arbitration or litigation. Meenan J
outlined that the respondent failed to
appreciate the difference between an
adjudicator’s jurisdiction to hear a claim and
the adjudicator’s decision on that claim. A
party to a construction contract had an
unfettered right to refer a payment dispute to

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adjudication. The fact that a final certificate
may have become binding was not a bar on
referring a dispute to adjudication, however,
once the dispute was referred the adjudicator
may have regard to the terms of the contract.
Finally, Meenan J concluded that the
adjudicator had acted within natural justice
when deciding that the counterclaim could
not be considered. In any event that
adjudicator had considered the substance of
the counterclaim for liquidated damages
when reviewing delaying events caused by the
respondent.
The decision is to be welcomed for the
advancement of adjudication in Ireland. Prior
to the decision concerns existed about how
the High Court would approach the
enforcement of an adjudicator’s decision. It is
noteworthy that in Principal Construction the
issue of staying enforcement pending
determination in arbitration or litigation was
not raised. In the earlier decision of Gravity
Construction Limited v Total Highway
Maintenance Limited [2021] IEHC 19, Simons J
stated that:
’32 … the propriety of the attempt to stay the
enforcement of the adjudicator’s award under
the Construction Contracts Act 2013 pending
the determination of arbitration proceedings
is something that is open for debate given the
express wording of section 6(10) of the Act …’
Perhaps the issue of staying enforcement
pending final determination will be the next
issue to trouble the High Court.
Paul Hughes phughes@sharpepritchard.co.uk

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UK ADJDUCIATORS LONDON 2021
ADJDUCIATION & ARBITRATION
CONFERENCE
The conference was another great success with
attendess from across the globe. If you want to
view the six panels videos or read the
conference pack please go to the UK
Adjudicators website.
https://www.ukadjudicators.co.uk/conferenc
es

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We would also thank our sponsors that made
the conference and networking event
possible:

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TCC COURT JUDGEMENTS
August
• Draeger Safety UK Ltd v The London
Fire Commissioner [2021] EWHC 2221
(TCC) (04 August 2021)
• Eco World - Ballymore Embassy
Gardens Company Ltd v Dobler UK
Ltd [2021] EWHC 2207 (TCC) (03
August 2021)
• The Front Door (UK) Lt (t/a Richard
Reid Associates) v The Lower Mill
Estate Ltd [2021] EWHC 2324 (TCC) (17
August 2021)
• The Royal Parks Ltd & Anor v Bluebird
Boats Ltd [2021] EWHC 2278 (TCC) (11
August 2021)
DRBF’S 20TH ANNUAL
INTERNATIONAL CONFERENCE AND
WORKSHOP
07-09 September: DRB
Administration & Practice
Workshop: This workshop will focus on
International and multinational practice that
utilize binding decisions. REGISTER NOW!
SAVE THE DATE!
DRBF 24th Annual Conference
6-8 October, Boston, Massachusetts (or virtual
options available). Registration opening soon.

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19-21 October: Caltrans DRB/DRA
Training Workshop: This workshop is
required for prospective Caltrans DRB/DRA
member candidates. REGISTER TODAY!
Dispute Boards are gaining traction in Latin
America - hot spots like Brazil, Chile, Costa
Rica, and Peru have introduced legislation
supporting the process, and new DBs are
being appointed regularly for construction
projects. The DRBF is supporting this
encouraging growth with an enhanced focus
on supporting the expansion of Dispute
Boards through information, education, and
connection.
Join the DRBF for what is expected to become
an annual event, the DRBF Latin America
Regional Conference. Offered this year as a
virtual only conference, participants will be
able to easily access engaging conversations
with experts skilled in DB application,
download useful resources, and connect with
leaders in DB practice.
https://www.drb.org/2021-08-latam-home-
page
FORTHCOMING EVENTS
Tuesday, September 7, 2021 - 9:00 AM
An Introduction to Disruption Claims
Speaker(s): David Coyne (Associate Director,
Blackrock) & Tom Andrews (Senior Associate,
Osborne Clarke)
For more info
Tuesday, September 7, 2021 - 6:30 PM
The Hudson-formula: death by
footnote?
London
Chair: Shy Jackson
Speaker(s): Dr Ronan Champion and Isabel
Hitching QC
Venue: National Liberal Club and Online
For more info

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Tuesday, September 21, 2021 - 9:00 AM
An Introduction to Standard Forms
Online
Speaker(s): Edward Colclough and Mark
Pantry, Senior Associates, Fenwick Elliott. LLP
For more info
Thursday, September 23, 2021 - 9:00 AM
SCL (Singapore) Annual
Construction Law Conference 2021
Overseas
For more info
Thursday, September 23, 2021 - 6:00 PM
Public Procurment Law post Brexit
– Where now for the UK’s
construction industry in regard to
public contracts
Online
Speaker(s): Sarah Hannaford QC, Keating
Chambers
Full details in this flyer
For more info
Monday, September 27, 2021 - 5:00 PM
Asset tracing and recovery in
construction disputes
Online
Moderator: Kevin Kelly, Partner McCann
Fitzgerald, Dublin
Speaker(s): Paula Gibbs, Harneys, BVI, Emily
Monastiriotis, Simmons & Simmons, Louise
Wright, Global Advocacy and Legal Counsel
Law Firm, Paul Jacobs and Patrick D’Arcy
For more info

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2021 SCL IRELAND CONFERENCE
October 19th, 2021 11:00 AM to 1:15PM
REGISTER NOW
Opening by Arran Dowling-Hussey B.L
11.05-11.50 - 'Key issues in using
arbitration in construction insurance
disputes'.
Dr. Hamish Lal, Sian Mirchandani
QC and Roger Ter Haar QC
Moderated by: Darren Lehane S.C (Law
Library, Dublin)
11.50-12.35 - 'Where Next For Domestic
Construction Arbitration.'
John Trainor SC, Law Library, Dublin
and Nicola Dunleavy, partner Matheson,
Dublin.
Moderator: Jonathan Pawlowski
12.35 - 1.15pm - Closing speech
Gary Born
Moderated by: Susan Ahern B.L (Law
Library, Dublin)
SCL INTERNATIONAL CONFERENCE
2021
The Society of Construction Law 9th
International Conference has been postponed
till November 2021.
http://www.constructionlaw2021.com/scl21