Niav O'Higgins

May 7, 2024 | lexology.com | Niav O'Higgins |Karen Killoran |Niamh McGovern |Maeve Crockett |Shane O’Neill |Ciara Dooley | +7 more

The Court has again given support to adjudication by granting leave to enforce an adjudication decision in McGill Construction Ltd (“referring party”) v Blue Whisp Ltd (“respondent”) [2024] IEHC 205, rejecting four grounds of opposition.

Mar 20, 2024 | mondaq.com | Niav O'Higgins |Karen Killoran |Niamh McGovern

Sustainability and ESG-related developments with potential to significantly impact the construction industry continue, as reflected in our March construction horizon scanner. As the EU's proposed Nature Restoration Law receives the endorsement of Parliament, it is apparent that consideration has been given to how it will interact with the development of infrastructure, buildings, and the urban environment.

Aug 28, 2023 | lexology.com | Niav O'Higgins |Karen Killoran |Niamh McGovern |Maeve Crockett |Shane O’neill |Ciara Dooley | +10 more

The High Court in Ireland has given guidance on how applications to judicially review the decision of an adjudicator, while the adjudication process is ongoing, will be treated. In K&J Townmore Construction Ltd v Damien Keogh and Deslend (Mechanical) Ltd t/a Cobec Engineering Group [2023] IEHC 509, an adjudicator was appointed to resolve a payment dispute under a sub-contract between the contractor and sub-contractor.

Aug 17, 2023 | lexology.com | Niav O'Higgins |Karen Killoran |Niamh McGovern |Maeve Crockett |Shane O’neill |Ciara Dooley | +9 more

In the latest judgment enforcing adjudication decisions, the High Court emphasised that it is not its role to “be drawn into a detailed examination of the underlying merits of the adjudicator’s decision under the guise of identifying a breach of fair procedures ”. The Court again also reminded practitioners to be alert to differences between the Irish and UK statutory schemes.