The jurisdiction of adjudicators under the Construction Contracts Act 2013: a case review

If adjudication under the Construction Contracts Act 2013 (hereafter referred to as ‘the Act’) is to be used to the degree that was anticipated prior to its implementation, it is crucial that prospective users of the legislation are aware of the authority that an adjudicator holds. This paper aims to clarify the capabilities and restrictions of Adjudicators under the Republic of Ireland’s statutory adjudication legislation. As of February 2024, 11 adjudicated disputes have progressed to litigation. Thirty per cent of the issues raised during these court proceedings directly question the authority of Adjudicators. To accurately delineate the powers of an adjudicator, this study employs a review of existing judicial precedent. Disputes that were adjudicated before progressing to litigation, post 25 July 2016, are the primary source for the review. Results indicate six issues directly questioned the authority of an Adjudicator under the Act. Examples include ‘Can an Adjudicator make a judgement where no formal negotiated contract exists between the parties in dispute?’ and ‘To what extent is the Adjudicator’s decision “binding” on the parties?’, among others. These queries make up the basis of this discussion. Contribution is to provide clarity for all parties involved in adjudication, regarding Adjudicator jurisdiction.