Ó An Roinn Fiontar, Trádála agus Fostaíochta
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
A party to a construction contract may apply to the Chairperson to have an Adjudicator appointed to a payment dispute pursuant to Section 6(4) of the Construction Contracts Act, 2013. The payment dispute must have arisen in relation to a construction contract entered into after the 25th July 2016. If an application is to be made to the Chairperson of the Construction Contracts Adjudication Panel, it shall be made not earlier than five days from and including the day on which the Notice of Intention to Refer the Payment Dispute for Adjudication was served.
An applicant has the option to apply for the appointment of an Adjudicator under section 6(4) of the Construction Contracts Act 2013 as follows:
The Construction Contracts Adjudication Service cannot process an application received by email in order to protect the confidentiality of all parties. Therefore, an applicant should not email their application to the Construction Contracts Adjudication Service.
The applicant is required to send a copy of the application form and the accompanying documentation to the Respondent Party/Parties at the same time the application is submitted to the Chairperson, whether the Electronic version or the Word version of the application form is used. The Construction Contracts Adjudication Service does not provide a copy of the application form and the accompanying documentation to the Respondent Party/Parties as this is the responsibility of the applicant.
In accordance with paragraph 15 of the Code of Practice Governing the Conduct of Adjudications an application made to the Chairperson to appoint an Adjudicator from the Panel of Adjudicators to a payment dispute must include the following information:
(i) the name, address and contact details of each party to the construction contract;
(ii) relevant details of the payment dispute to include the amount in dispute (even if the amount is zero), the nature of the payment dispute, and the site address;
(iii) a copy of the Notice of Intention including any accompanying documents attached to that Notice;
(iv) the date as to when the Notice of Intention was served on the Responding Party/Parties and how this was done; and
(v) relevant details to identify the construction contract and any supporting information that may assist an Adjudicator in understanding the nature of the payment dispute. Where a written construction contract exists, this must be attached.
When making an application, the applicant must therefore ensure that the correct legal identity, address and contact details of the other party or parties is provided to the Construction Contracts Adjudication Service at the time an application is made to the Chairperson. The Construction Contracts Adjudication Service will use this information to put all parties on notice of the application, and these contact details will be relied upon by the appointed Adjudicator when contacting the parties. The Construction Contracts Adjudication Service cannot accept any responsibility for an omission or mistake made by the applicant in relation to the above details.
In accordance with paragraphs 6, 19 and 36 of the ‘Code of Practice Governing the Conduct of Adjudications’, a prospective Adjudicator should only accept an appointment to a payment dispute under the Construction Contracts Act, 2013 if they are able to give the time and attention which the parties to the dispute are reasonably entitled to expect; if they believe that they are competent to determine the issues in dispute; and if they are satisfied that no conflict of interest exists between the prospective Adjudicator and the parties to the dispute.
In order to assist a prospective Adjudicator to make such a determination, when the Chairperson enquires as to the availability of a prospective Adjudicator for a particular dispute, the Chairperson will provide them with a copy of the document ‘Notice of Intention to refer the Payment Dispute for Adjudication’.
Form No 5 - Application to the Chairperson for Appointment of Adjudicator
