The High Court has ruled that a 2017 contract governing electrical works at Páirc Uí Chaoimh allows contractor OCS to seek adjudication of a payment dispute under the Construction Contracts Act 2013. The court decided the central contractual issue in OCS’s favour but did not resolve the other matters raised in Cork GAA’s judicial review proceedings.
Cork GAA argued that its agreement with OCS was made through a letter of intent dated 10 June 2016, before the Act applied to construction contracts. OCS accepted that the letter created a legal relationship but argued that a contract signed on 12 May 2017 replaced it and governed all the works, including those already carried out.
Justice Brian O’Moore found that the letter of intent was a temporary arrangement intended to allow work to begin while the parties negotiated a formal contract. The letter said it was sufficient to proceed “pending signing of the Contract”. Correspondence between the parties also described it as a commitment until the formal contract was signed.
The judge considered that the May 2017 contract’s terms covered the full body of OCS’s work at the stadium, rather than only work remaining after it was signed. He noted that the agreement included detailed provisions for the works and that the parties had negotiated changes to the draft contract. It also contained a clause stating that it superseded and replaced prior agreements, including a letter of intent.
The court concluded that the May 2017 contract governed OCS’s entitlement to payment for the works. Because it postdated the Act’s commencement on 25 July 2016, OCS could seek adjudication under the legislation in respect of its claim against Cork GAA.
Cork GAA had sought judicial review orders to quash decisions appointing an adjudicator and allowing the adjudication to proceed, along with declarations concerning the referral notices and a stay. The court’s judgment did not finally determine those other issues. Justice O’Moore said his preliminary view was that they need not be resolved, and listed the matter for 30 July 2021 to hear the parties’ views and address any other matters arising from the judgment.