Unpaid subcontractors usually know their legal position is “probably good” and their practical position is “waiting”. The distance between the two is the escalation ladder: each rung cheaper than the next, each one resolving a share of arrears, and the whole climb backed by the Construction Contracts Act 2013’s machinery — the statutory rights that turn waiting into leverage.
Rung 1: The Account, Reconstructed
Enforcement begins with arithmetic: what was ordered, done, claimed, paid, outstanding — reconstructed if necessary from quotes, instructions, day-work sheets and bank records into a claim schedule. You cannot collect a number you cannot prove, and every later rung stands on this one. The prospective version of this discipline: payment claim notices.
Rung 2: The Letter That Reprices the Debt
A solicitor’s demand does something a fifth reminder email cannot: it attaches the reconciled account, cites the Act’s machinery, and names the date a referral to adjudication issues. The payer’s calculation changes from “how long can we stretch this subbie” to “what does losing an adjudication cost” — and a substantial share of arrears pays at this rung.
Rung 3: Suspension — Leverage With a Safety Catch
The Act’s right to suspend for non-payment concentrates minds like nothing else in the industry: a payer facing a stopped programme finds money quickly. But the safety catch is real — the statutory notice, the waiting period, the strict compliance — because a suspension exercised wrongly is a repudiation gifted to the other side. Never down tools without the notice reviewed.
Rung 4: Adjudication — The 28-Day Decision
Where the money still hasn’t moved: the referral. A binding decision within 28 days, enforceable through the High Court, built substantially from the claim schedule and correspondence the earlier rungs produced — the process in full: the adjudication guide. Pay-when-paid excuses fail (the Act killed them, save defined insolvency up the chain), and “we’ll see you in court in three years” stops being a threat. The wider practice: subcontractor payment disputes.
The Rung Nobody Wants: Payer Insolvency
When the payer is failing rather than stalling, the ladder changes shape entirely — frozen debts, examinership decisions, retention of title over materials, direct-payment negotiations. Speed of recognition is everything: the signs and the playbook live at builder insolvency.
How Old Is Your Oldest Unpaid Claim?
Bring the account, however messy. We will reconstruct it, price each rung, and start on the right one.
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About the Author
Richard O’Shea, Solicitor practises with Mary Molloy Solicitors (established 1981), advising homeowners, self-builders, subcontractors and SME contractors across Ireland on building disputes, defects claims and payment recovery. Richard holds a Diploma in Mediation from the Law Society of Ireland — central to construction work, where conciliation and mediation resolve many disputes without a courtroom. Contact Richard on 01 5827148 or richardoshea@marymolloysolicitors.com.
This article is for general information only and does not constitute legal advice. Every farm and family situation is different, and you should obtain advice on your own circumstances before acting. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.