Construction

At Fenecas Law LLP, we act for developers, contractors, subcontractors, consultants, and funders when disputes arise in the commercial construction sector. Construction projects are by nature complex, involving multiple stakeholders, strict programmes, and high value contractual commitments. Even with careful planning, disagreements can quickly escalate into contentious matters with significant financial, operational, and reputational consequences.

Our team specialises in advising and representing clients in construction disputes, blending strong litigation expertise with practical knowledge of how the industry operates. Whether the issue concerns payment, delay, defective works, or professional negligence, we provide focused, commercially smart solutions to resolve conflicts efficiently and decisively.

Types of Construction Disputes We Handle

We act in a broad range of contentious construction issues across Ireland, including:

Payment disputes – Non payment or underpayment under building contracts, including enforcement of payment certificates and interim valuations.
Delay and disruption claims – Compensation events, extension of time claims, and loss and expense arising out of programme overruns.
Defects and quality issues – Disputes concerning defective workmanship, snagging, design faults, and building safety standards.
Contractual interpretation – Disputes arising from conditions of contract (RIAI, Public Works Contracts, FIDIC, NEC).
Termination disputes – Contentious contract terminations, wrongful suspensions, or repudiation of contract.
Professional negligence – Claims against architects, engineers, or quantity surveyors for design errors, mis measurement, or negligent certification.
Bond and guarantee disputes – Performance bonds, parent company guarantees, or on demand bonds.
Health & safety breaches – Contentious matters arising from statutory compliance and site management failures.

Each dispute requires careful technical assessment. Our expertise lies in combining legal insight with support from construction experts to deliver robust, evidence based strategies.

Litigation, Arbitration, and ADR

Construction disputes often involve contractual provisions requiring particular forums for dispute resolution. We are experienced across the full spectrum:

Court proceedings – Acting in the Circuit Court and High Court for enforcement of decisions, injunctions, and claims for damages.
Arbitration – Representing contractors, subcontractors, and employers in both domestic and international arbitrations under construction contracts.
Mediation – Advising on and conducting mediations to achieve commercial settlements without the strain of litigation.
Expert determination – Preparing written submissions and representing clients where disputes are referred to technical experts for decision.
Statutory adjudication – Under the Construction Contracts Act 2013, advising on referral to adjudication and enforcing adjudicators’ decisions in the High Court.

We understand the procedural differences between these forums, and guide clients through the most effective path for enforcement or defence.

Acting for Developers and Employers

Contentious issues for developers and employers often involve ensuring projects are delivered on time, within budget, and to appropriate standards. We act to:

Defend claims for extension of time or additional payment.
Enforce liquidated damages for delay.
Pursue contractors for defective or non compliant works.
Resolve disputes relating to termination, abandonment or insolvency of a contractor.
Enforce performance bonds or guarantees.

Our approach is to protect investment value and minimise disruption to ongoing operations or future project finance.

Acting for Contractors and Subcontractors

For contractors and subcontractors, disputes frequently centre on cash flow, programme risk, and scope change. We act to:

Pursue unpaid payment claims, interim valuations, and certification issues.
Defend allegations of defective work where liability is contested.
Challenge wrongful calls on bonds or guarantees.
Assert entitlement to additional time and money for variations, disruption, or unforeseen site conditions.
Navigate disputes arising from termination or suspension of works.

We understand the financial pressure contractors face in disputes and provide clear, swift advice designed to secure early recovery or settlement.

Construction Contracts Act 2013 – Adjudication

The Construction Contracts Act 2013 has transformed payment dispute resolution in Ireland by introducing statutory adjudication. Our services include:

Referring disputes to adjudication for fast, binding determinations of payment claims.
Defending employers or contractors in adjudication proceedings.
Enforcing adjudicator’s decisions through the High Court.

Given the strict timelines in adjudication, speed is of the essence. We act quickly to protect entitlements and to present persuasive, well evidenced cases.

Defects and Professional Negligence

Disputes over defects or professional negligence can arise years after project completion. These claims often involve technical evidence across multiple disciplines. We act in:

Claims for latent defects, including structural or safety issues.
Proceedings against architects, engineers, or surveyors for negligent design or certification.
Recovery actions for remediation costs, loss of rental income, and reputational damage.

Our litigation team has extensive experience working with expert witnesses to establish liability and quantify damages effectively.

Why Choose Fenecas Law LLP?

Specialist construction litigation expertise – A dedicated focus on contentious matters, from adjudication to High Court litigation.
Technical understanding – Familiarity with standard form contracts, statutory frameworks, and industry practices.
Commercial strategies – Clear, realistic advice on costs, prospects, and settlement opportunities.
Rapid response – Particular experience handling urgent injunctions, adjudications, and interim relief.
Collaborative support – Partnering with construction experts, engineers, and quantity surveyors to deliver robust cases.

We combine litigation strength with pragmatic, industry savvy advice that recognises the importance of project delivery, cash flow, and reputation in the construction sector.

Contact Us

If you are involved in a construction dispute in Ireland, early and decisive action is critical. Contact Fenecas Law LLP for clear, pragmatic advice and strong representation in all contentious commercial construction matters. We will work with you to protect your position and achieve a strategic outcome.