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The headline from the recent decision in
Gravity
Construction Limited v Total Highway Maintenance
Limited
[2021] IEHC 19
(
Gravity ) was that for the
first time the Irish High Court handed down judgment concerning the
enforcement of an adjudicator s decision awarded pursuant to
the Construction Contracts Act 2013. The decision was also
significant for the Court s examination of the normal rule that
costs follow the event and the considerations
that are to be taken into account by a court under s.169 of the
Legal Services Regulation Act 2015 (the
LSRA
2015 ).
In
Grimes v. Punchestown Developments Company
Limited [2002] 4 IR 515, Denham J. (as she then was)
stated that the
The decision of Mr Justice Garrett Simons in
Gravity
Construction Limited v Total Highway Maintenance Limited
[2021] IEHC 19 is significant as it is the first judgment
in Ireland concerning the enforcement of an adjudicator s
decision pursuant to the Construction Contracts Act 2013.
Background
The Construction Contracts Act 2013 (the
Act ) came into force on 25 July 2016.
The purpose of the Act is to regulate payments under construction
contracts and applies to both written and oral construction
contracts commenced after this date. While the definition of a
construction contract is quite broad under the
Act, certain contracts are exempt from the provisions of the Act.