Here’s why:-

The economy is booming, particularly in construction. Aside from labour shortages, contractors and subcontractors are not short of work. Adjudication by its nature is adversarial, so disputing subcontractors and contractors are opting for the less adversarial conciliation as the means of dispute resolution of payment claims. It allows the parties to continue their interdependent relationships. Secondly complex claims are not very well suited to the tight deadlines of adjudication, which prescribes the adjudicator’s decision be made within 30 days. Finally the first adjudication will almost certainly be challenged in the High and Supreme Court on the basis of breaches of fair procedures and natural justice. But it will happen, but in Ireland we have a habit of kicking the can down the road.