ADJUDICATION
High Court Refuses Application to Enforce an Adjudicator's Decision
The High Court refused to enforce an adjudicator's decision in Albert Connaughton v Timber Frame Projects Ltd t/a Timber Frame Ireland [2025] IEHC 469. Section 6(1) of the Construction Contracts Act 2013 gives a party to a construction contract the right to refer for adjudication any dispute relating to payment arising under a construction contract. The High Court found that the dispute in this case did not relate to a payment provided for under the construction contract and so the adjudicator lacked jurisdiction. The employer had purported to exercise his common law right to terminate the construction contract for repudiatory breach, and the dispute before the adjudicator related to a claim for monetary compensation at common law. The High Court stated that there was no clause under the construction contract which made provision for payment to the employer in the event of wrongful termination by the contractor. This was enough to dismiss the application to enforce the decision, but the Court went on to consider and dismiss two further arguments resisting enforcement. These related to breach of fair procedures and an assertion that the contract may have been performed other than in accordance with a planning permission. As to costs, the Court's provisional view is that the respondent should recover two-thirds of its costs, but the parties may make submissions. Our briefing on the judgment will follow shortly.
SUSTAINABILITY
Energy Renovations
The European Commission is consulting until 18 November 2025 on a portfolio framework to increase lending for energy performance renovations. The Commission is required under Article 17(10) of the Recast Energy Performance of Buildings Directive to adopt a delegated act establishing a comprehensive portfolio framework for voluntary use by financial institutions to increase lending volumes for energy performance renovations, to include safeguards to protect vulnerable households through blended funding solutions, and to describe best practices to encourage lenders to identify and act on the worst-performing buildings in their portfolios. Further information about the preparatory actions the Commission intends to take is included in the call for evidence document.
Carbon Calculator
The Construction Industry Federation, in partnership with the Action Sustainability Tool, launched a CIF Carbon Calculator, intended to be an innovative carbon measurement solution. The CIF highlights requirements under the Recast Energy Performance of Buildings Directive, which we have considered in our briefing and subsequent horizon scanner updates: How to get a Net-Zero Building Stock: Q&As on the Recast Energy Performance of Buildings Directive.
Energy Upgrades
The SEAI has published statistics on 11,910 home energy upgrades supported through Government funded grant schemes in Q1 of 2025.
Circular Economy Act
The European Commission is consulting until 6 November 2025 on a Circular Economy Act to enhance competitiveness while promoting more sustainable production, circular economy business models and decarbonisation. It is intended to support the free movement of "circular" products, secondary raw materials and waste, and to increase supply of high-quality recycled materials.
SUPPLY CHAINS
Critical Skills
The Department of Enterprise, Tourism and Employment is consulting until 19 September 2025 on the Critical Skills Occupations List and the Ineligible Occupations List to ensure the employment permits system continues to reflect the needs of Ireland's labour market.
FIRE SAFETY AND BUILDING CONTROL
In Sexton and others v the Minister for Children, Equality, Disability, Integration and Youth and the Minister for Justice, Home Affairs and Migration [2025] IEHC 431, the High Court dismissed a challenge to a decision to make 98 beds available for applicants for international protection at a premises that had previously been designated as an accommodation centre for persons seeking international protection.
The applicants alleged, among other things, breach of the Building Control Act 1990 and Building Control Regulations. They argued that the fire safety certificate did not cover accommodation for 98 people. There was evidence that confirmation had been given that the Minister was satisfied with the fire safety certificate. The Court found that compliance with fire safety and building control regulations is a matter for the local authority (Galway County Council), not the Minister, and so the applicants could not challenge the Minister's decision on these grounds. Alternative avenues were open to the applicants if at any stage they had valid concerns for the safety of persons accommodated in the centre.
ADJUDICATION IN NORTHERN IRELAND
In the judgment in Piperhill Construction Limited v Northern Ireland Housing Executive [2025] NIKB 47, the High Court in Northern Ireland upheld an adjudicator's decision and clarified that pay less notices must be clear and compliant and must properly explain how any alternative sum has been calculated. The judgment also confirmed that adjudicators are entitled to consider both the service and the content of such notices when resolving a dispute. Find out more about the judgment in our briefing on Piperhill Construction Limited v Northern Ireland Housing Executive.
While there are many similarities as between adjudication regimes in the two jurisdictions on the island of Ireland, there are also differences. Businesses operating across the island may be interested in our Practical Guide to Adjudication on the Island of Ireland.
This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.
