Lexology In-Depth: Construction Disputes in Ireland

As published in Lexology on 24 November 2025.

In-Depth: Construction Disputes (formerly The Construction Disputes Law Review) is a useful guide to the most consequential aspects of international construction disputes, highlighting the practical implications of the relevant case law, statutes and procedures. Topics covered include time bars as condition precedent to entitlement; right to payment for variations; concurrent delay; suspension and termination; penalties and liquidated damages; defects correction and liabilities; overall liability caps; and much more.

Introduction

Ireland is a common law jurisdiction, developing its laws both from within the jurisdiction and from other similar jurisdictions, principally England and Wales. The Constitution, Acts of Parliament, statutory instruments, regulations and European Union legislation all have legal validity. Standard construction contracts in Ireland normally provide alternative forms of dispute resolution procedures, such as mediation, conciliation, arbitration, etc., rather than more formal litigation proceedings, with the natural consequence that there is a relatively small pool of decisions relating to construction disputes emanating from the Irish
courts.

Consequently, the decisions arising in the courts of England and Wales, particularly the Technology and Construction Court, are closely followed in Ireland. However, with the advent of statutory adjudication in the jurisdiction, a developing body of case law is continuing to emerge in relation to issues of enforcement and interpretation of the Construction Contracts Act 2013 (CCA).

About the Author

John Delaney is a Chartered Quantity Surveyor and a Fellow of the Chartered Institute of Arbitrators, with 24 years of commercial experience on a range of projects in civil engineering, transport, mixed-use, high-rise, commercial, residential, industrial, health, and local authority sectors.

John has been regularly appointed as a Quantum Expert in respect of matters before the High Court in Ireland, the Court of Session in Scotland, County Courts in England, arbitrations, mediations, and statutory adjudications in the United Kingdom and Ireland. John is regularly appointed to provide opinions as to quantum in respect of professional negligence claims made against construction design team members. John holds qualifications in Construction Law, International Arbitration, Construction Adjudication, and Expert Evidence.