In light of this judgment, it would be Best Practice that Contractors do the following. 1. Treat notices as jurisdictional instruments, not admin What the Tenderbids v EWM cases now confirm: A defective notice can kill adjudication entirely (2025 decision) Courts will not overlook: wrong method of service wrong addressee informal delivery Even actual knowledge […]
The Enforcement of Tenderbids Ltd v Electrical Waste Management Ltd was Held by the High Court on the 12th January 2026. The High Court held that: The Notice of Intention to Refer to Adjudication was invalid, because the contract required service by registered post, and Tenderbids served it by email only Because the Notice of Intention was invalid: the adjudicator never had jurisdiction the adjudication […]
Tenderbids Ltd (t/a Bastion) v Electrical Waste Management Ltd is a 2025 decision of the Irish High Court that has become very significant in construction law, particularly in relation to statutory adjudication under the Construction Contracts Act 2013 (CCA 2013). Below is a clear, plain English explanation of what the case is, why it matters, and what the court decided. What […]
Construction Disputes is pleased to announce that Matthew Edwards has been confirmed as a conference speaker at the Delays, Disruptions and Dispute in Construction Conference 2025. The event will take place on 23rd October 2025, and Matthew will deliver a session titled Subcontractor Delay Claims – Rights, Remedies and Recourse. Expert Insight into Subcontractor Delay […]
Construction Disputes has been announced as a finalist in the Consultancy of the Year – Small category at the Irish Construction Industry Awards 2025. This recognition marks a significant milestone for the specialist firm and highlights its growing impact across the Irish construction sector. Recognition for Excellence in Construction Consultancy The Irish Construction Industry Awards […]
In light of Ryan Turner’s Society of Construction Law paper (Turner, Ryan. 210, May 2018, Hanging by a slender thread: Design obligations in construction contracts following MT Højgaard v E.ON) ,[1] and following the Supreme Court judgment,[2] this article will reflect upon English Law and the design obligations of construction contractors in both design-build and […]
Gantt Charts and ‘all that’.. We have been using a new software trial for AI planning and scheduling in constructiondisputes.ie. And it’s good. (We can’t say the name of the software, though …sorry) We first started out using Asta Powerproject version 4. This was back in the nineties during my mentorship. And in fairness, it […]
This Blog will delve into ‘Good Faith’ in construction. Clause 4 of the Irish Public Works Contract (PWC) imposes obligations upon the Employer’s Representative, with reciprocal cooperation being the most important for all parties, being the Employer, ER and the Contractor, ‘forming a triumvirate of prime importance’[1]. Clause 4 of the PWC also explicitly mandates […]
Once upon a time, on an international project (but I can’t disclose its location), I was involved in a dispute regarding a $ 60,000,000 claim by a contractor, which stated that it had been delayed due to unforeseen circumstances. The circumstances surrounding the commissioning of a Combined Heat and Power (CHP) system powered by a […]
The ‘New Engineering Contract’ first came into being in 1991. Today, the NEC 4 contract is actively utilised across various transport projects globally. In Ireland, it is being deployed on the exciting Metrolink project. The Irish Public Works Contract itself is a unique animal. It is not used internationally. It is a suite of standard […]