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Articles by Clare Cashin
A New View of Collateral Warranties
UK Supreme Court's Ruling in Abbey Healthcare (Mill Hill) Ltd v Augusta 2008 LLP (formerly Simply Construct (UK) LLP) [2024] UKSC 23. On 9 July 2024, the UK Supreme Court delivered judgment in a case which provides useful guidance as to whether a collateral warranty should be regarded as a "construction contract" for the purposes of adjudication.
AI in Construction Disputes
Introduction In recent years, there have been significant developments in the capabilities of artificial intelligence (AI), and particularly the ability to generate high-quality content through the use of so-called ‘generative AI’. This article examines aspects of construction disputes which could potentially be simplified and improved by a particularly prominent form of generative AI, ‘large language models’ (LLMs) which are capable of analysing and producing large quantities of text.
Judical review and statutory adjudication
Whether statutory adjudication in Ireland is amenable to judicial review is a question that has, in absence of a definitive jurisprudent position, generated much legal debate in recent years. One of the first cases to consider this issue was the case of O’Donovan v Bunni [2020] IEHC 623 where the applicants sought the continuation of a stay placed on an adjudication process pending a judicial review as to whether the adjudicator had jurisdiction to hear the dispute in question.
Strike out for want of prosecution and the balance of justice
In the case of Barrett v Traymount Construction Ltd & Others [2022] IEHC 502, the High Court had to consider an application by the first defendant (Traymount Construction Limited – the “Defendant”) to strike out the plaintiff’s (Wayne Barrett – the “Plaintiff”) action for want of prosecution based on inordinate and inexcusable delay. Background This case concerned the construction of the Plaintiff’s house in Finglas by the Defendant in 2003/2004.
The Winner Takes It All… Provided The Legal Services Regulation Act 2015 Doesn't Apply
Ireland: The Winner Takes It All… Provided The Legal Services Regulation Act 2015 Doesn't Apply 08 February 2021 by Clare Cashin , Michael Cahill and Thompson Barry Doherty Philip Lee To print this article, all you need is to be registered or login on Mondaq.com.
‘Just Got Paid' - High Court Delivers First Adjudication Enforcement Judgment Pursuant To Construction Contracts Act 2013 - Real Estate and Construction - Ireland
To print this article, all you need is to be registered or login on Mondaq.com. The decision of Mr Justice Garrett Simons in Gravity Construction Limited v Total Highway Maintenance Limited [2021] IEHC 19 is significant as it is the first judgment in Ireland concerning the enforcement of an adjudicator's decision pursuant to the Construction Contracts Act 2013. Background The Construction Contracts Act 2013 (the "Act") came into force on 25 July 2016.
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