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Adjudication in Construction Law


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CHAPTER 7

Other jurisdictions

Other jurisdictions


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7.1 Introduction: Republic of Ireland and other common law jurisdictions

7.1 Part II of the Housing Grants, Construction and Regeneration Act 1996 applies to the United Kingdom and Northern Ireland.1 Statutory provision for adjudication relating to construction contracts in the Republic of Ireland is contained in the Construction Contracts Act 2013.2 Under this legislation ‘construction contract’ means an agreement (whether or not in writing) between an executing party (a contractor or sub-contractor) and another party, where the executing party is engaged for: carrying out construction operations by the executing party; arranging for the carrying out of construction operations by one or more other persons, whether under sub-contract to the executing party or otherwise; providing the executing party's own labour, or the labour of others, for the carrying out of construction operations. ‘Construction operations’ has the same meaning as that under the UK legislation,3 although without the exemptions for work connected to oil, gas, minerals and sites relating to nuclear processing, water or effluent treatment, chemicals, pharmaceuticals, oil, gas, steel or food and drink, and it includes making, installing or repairing sculptures, murals and other artistic works that are attached to real property. Contracts for architectural, design, archaeological or surveying work, engineering or project management services, or advice on building, engineering, interior or exterior decoration or on the laying-out of landscape, are included.4 Contracts with residential occupiers are outside the


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definition where the value of the contract is not more than €10,000 and the floor area of the dwelling is not greater than 200 square metres.5 Contracts between a state authority and its partner in a public private partnership arrangement are not construction contracts.6

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