Welcome to In the Works, Matheson’s quarterly construction bulletin with news, views and legislative updates.
The first half of 2026 has brought continued momentum and change across Ireland’s construction and infrastructure sectors. In this edition of In the Works, we look at recent case law, a simplified Building Energy Rating (“BER”) and force majeure in a global context and implementation of legislation.
In the news: Building Energy Rating — a simplified scale
Following the announcement by the Department of Housing, Local Government and Heritage on 23 April 2026, a simplified Building Energy Rating (“BER“) scale came into effect on 24 May 2026. The changes are driven by Energy Performance of Buildings Directive (EPBD) which seeks to standardise energy performance requirements across the EU.
The key changes to the existing regime include a Simplified BER scale where the number of BER classifications has been reduced from 15 to 8, streamlining a system that had become increasingly complex. The new “A0” category, a top-tier “A0” rating, has been introduced for the most energy-efficient buildings. An “A0” rated building is a Zero Emission Building i.e. one that produces zero on-site carbon emissions from fossil fuels and zero or very low operational greenhouse gas emissions (with a primary energy threshold below 42 kWh/m2/yr). An updated BER Certificate is a new certificate, issued by the Sustainable Energy Authority of Ireland (“SEAI“), displaying the simplified eight-band scale and now captures additional building energy data, including annual primary and final energy use, renewable energy production, building energy demand, and operational greenhouse gas emissions.
BER Certificates issued prior to 24 May 2026 remain unchanged and valid for ten years from their date of issue. The simplification of the BER scale and the enhanced data disclosure requirements on the new certificate are clearly aimed at improving consumer accessibility and transparency – themes that align closely with the EPBD’s broader ambitions.
In the industry: Force Majeure and Global Conflicts
Force majeure clauses, which excuse a party from performance of contractual obligations where extraordinary events make fulfilment impossible, remain in focus.
A succession of global shocks, from COVID-19 to the war in Ukraine and ongoing Middle East conflicts has disrupted supply chains, shipping routes, and construction programmes across Ireland. Parties are increasingly assessing how force majeure clauses manage that risk, making careful drafting more important than ever.
Irish law contains no statutory force majeure regime applicable to commercial contracts. As such, parties must rely on either: contractual force majeure drafting; or on the common law doctrine of frustration, however, frustration is notoriously difficult to invoke in Ireland and so contractual force majeure clauses are the practical and preferred mechanism by which construction parties seek relief.
For contracting parties currently entering or renegotiating construction contracts, the following practical steps are recommended in light of geopolitical instability, volatile weather events and other unexpected happenings:
- Conduct a thorough review of any existing force majeure clauses to assess whether the extraordinary events we are currently seeing would qualify. Do not assume that general language will suffice;
- Implement robust procurement and supply chain monitoring – interrogate supply chains and explore avenues for mitigation;
- Issue timely notices at the first indication that a force majeure event may be occurring;
- Consider specific clauses as an alternative or complement to force majeure relief, these can address specific concerns such as supply chain interruption particularly for materials-intensive elements of the works;
- Engage early to flag risks. Many disputes can be managed or resolved through collaborative engagement before escalation to formal claims.
In the courts: Construction contract amendments under scrutiny
The English Technology and Construction Court’s decision in Mace Construct Ltd v Baltic Investment Holdings Ltd [2026]EWHC 976 (TCC) is another reminder of the importance of carefully reviewing bespoke amendments to standard form construction contracts particularly when it comes to design responsibility. The dispute arose under an amended JCT contract concerning works at the Baltic Exchange Building in London which the Court described as a “sophisticated and complex” contract. The Court considered how a Schedule of Derogations and Tender Clarifications formed part of the contractual arrangements and the extent to which those documents altered the contractor’s design responsibilities. The Court held that the bespoke provisions had contractual effect and limited Mace’s design responsibility for certain identified items until the agreed approval and instruction process had been completed.
The decision highlights the importance of clear drafting and a proper contract administration on projects. Parties should not assume that standard form provisions will automatically override amendments or supporting contract documents. While this is an English decision, the issues considered are of practical relevance for Irish contractors, employers and project teams engaged on construction and infrastructure projects where contractual amendments are often extensive.
In the Dáil: A busy quarter for construction law
Q2 2026 has been a busy quarter for construction and infrastructure legislation. June alone saw a number of significant significant Acts reach the statute book. The Critical Infrastructure Act 2026 — which we provided an update in relation to here and in our Q1 edition — was enacted on 25 June, creating a statutory fast-track channel for designated energy, transport and water projects and requiring public bodies to actively co-operate to accelerate delivery. The Arbitration (Amendment) Act 2026 was enacted on 17 June, modernising the dispute resolution framework, to enable effect to be given in the State to certain international agreements concerned with the protection of investment. Staying with dispute resolution, Minister Chambers also announced significant changes to public works contracts, emphasising earlier engagement and faster arbitration to support infrastructure delivery. The revised ICC Arbitration Rules entered into force on 1 June, and a new Practice Direction on mediation issued from the President of the High Court.
Looking ahead, the pipeline is substantial. The MetroLink Bill, the Building Standards Regulatory Authority Bill, the Heat (Networks and Miscellaneous Provisions) Bill, the Apartment and Duplex Defects Remediation Bill are all in train. With a new Government Legislation Programme due in September, Q3 is shaping up to be every bit as active.
