Creating Effective Construction Claims Processes

A one-day conference

Radisson Blu St. Helen’s Hotel, Stillorgan Road, Blackrock, Dublin 4

Date: 21st March 2018

Due to a number of requests to run a conference on this topic, this event will provide an excellent overview of what you need to prepare for when dealing with construction claims, what’s involved in presenting claims, what decision makers are looking for, claim prevention and how to deal with claims arising from government contracts.

There will be a full line up of expert speakers on the these topics covering all practical and legal elements, using case studies and real life examples to help you fully understand all important areas.

Book your place now!

This event will be of real interest to all build and design professionals, public sector bodies, contractors, sub-contractors, engineers, architects, local authorities, semi-state agencies, government departments, manufacturers, suppliers, universities and legal consultants to name just a few.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Conference chair

Charles Mitchell, MSc, BSc (Surv), PGDip Irish Law & Arb, PGDip Ed, FSCSI, FRICS, FCIArb (ret)

9.00

Claims – Prevention, Preparation & Presentation
Speaker: John Delaney, Associate Director, HKA

  • Presenting Construction Claims
  • Claim Prevention’ and/or ‘Risk Management of Claims’
  • How decision makers (judges / adjudicators / conciliators / arbitrators) deal with claims and best strategies to adopt for success before them.

9.40

Making and assessing construction claims – a debate
Speakers: Conor Owens, Partner, and Robert Rooney, Associate, A&L Goodbody

  • Construction contract claims arising in government and private contracts

Writing an effective construction claim.

  • How to layout and format your claim and the contents of the claim
  • What information should be written in the main body of the claim
  • What information should be provided as backup (Appendices).

Responding to claim submissions

  • Compliance with notice provisions
  • Is the claim grounded in the contract?
  • Testing the facts
  • Assessing quantum

10.20

Public liability claims
Speaker: Martin Cooney, Partner and Head of Construction, ByrneWallace

  • Utility type works
  • How to protect the organisation from claims
  • How to handle an incident should one occur
  • How to defend against claims once lodged

11.00

Coffee break and chance to network

11.30

Claims, Disputes and Getting out of there alive!
Speaker: Niav O’Higgins, Arthur Cox

  • Types of claims
  • Maximising the effectiveness of contractual claims mechanisms
  • Dispute avoidance
  • Differentiating a claim from a dispute
  • How does a dispute crystallise?

12.15

The Future of Construction claims and dispute resolution:
Speaker: David Savage, Partner & Head of Construction & Infrastructure Sector, Charles Russell Speechlys

  • How will technology changes and AI impact on construction claims and dispute resolution?
  • What are the new skills needed for effective construction claims management and dispute resolution lawyers?
  • Who is leading in this area? Are these trends reflected in standard form contracts yet?

1.00

Q+A Session

1.15

Lunch and chance to network

2.00

Referral of the Dispute to Adjudication & Managing the Process
Speaker: Damien Keogh – Damien Keogh & Associates Solicitors

  • Drafting the Notice of Intention to Refer
  • Appointing the Adjudicator
  • The Form and Content of the Referral
  • Discharging the Burden of Proof

2.40

Adjudication under the Construction Contracts Act.
Speaker: Barry Mansfield, Barrister-at-Law, The Law Library

3.20

Q&A Session

4.00

Q&A session and conference close

There will be 6 structured CPD points awarded to all attendees at this conference from the CPD certification service

Barry Mansfield

Barry Mansfield

Barrister-at-Law, The Law Library

Barry Mansfield is a barrister specialising in commercial law.

Read more

He has a particular interest in construction law and in arbitration. He is also an adjunct assistant professor at Trinity College Dublin and is the author of ‘Arbitration Act 2010 and Model Law – A Commentary’ (Clarus Press). He previously practised as an attorney with the US firm of Davis Polk & Wardwell LLP in both New York and London.

John Delaney

John Delaney

Associate Director, HKA (formerly Hill International)

John Delaney is a Chartered Quantity Surveyor and a Fellow of the Chartered Institute of Arbitrators.

Read more
He has 15 years commercial experience on a range of projects in civil engineering, transport, airports, mixed-use, high rise, commercial, residential, industrial, health and local authority sectors. John is currently providing cost and commercial management services, expert witness services and dispute resolution services to a number of clients across a broad range of sectors specifically construction, civil engineering and gas pipelines. In the course of his career, John has acted as a Senior Consultant on multi million pound disputes, arbitrations, adjudications and provided claim preparation / management on a number of projects under both standard and bespoke contracts.

David Savage

David Savage

Partner & Head of Construction & Infrastructure Sector, Charles Russell Speechlys

David is head of the Construction & Infrastructure sector at Charles Russell Speechlys.

Read more

He advises employers, contractors, and consultants on a wide range of building and civil engineering matters, both domestically and internationally. He also advises the firm’s private clients on high value residential construction projects. David has a wide experience of working on the various forms of standard conditions such as JCT, ICE, NEC, MF/1, IChemE and FIDIC, as well as numerous bespoke forms of construction contract. He advises on the full scope of construction issues ranging from procurement/contract strategies through to dispute avoidance/resolution.

In his international work, David is particularly focussed on the Middle East region, working closely with Charles Russell Speechlys’ Manama and Doha offices. He has delivered training on FIDIC and the IChemE international contracts in both the UK and throughout the Middle East region, including in Bahrain, Qatar, Oman and Syria. David has had articles and commentary published in Building and Construction News, and is an editor of ‘Partnering and Collaborative Working’ (published by Informa Professional). He has a particular interest in digital disruption in the construction sector, and the legal issues flowing such disruption. He co-authored the firm’s recent report entitled ‘The New Real’ concerning the opportunities and gains to be made from smart buildings for anyone with an interest in commercial real estate.

David is ranked as a Band 1 partner in Chambers 2017 for Construction.

Damien Keogh

Damien Keogh

Senior Partner and Principal, Damien Keogh & Associates

Damien Keogh is a construction lawyer and arbitrator, mediator, adjudicator and conciliator.

Read more

Damien is a Fellow of the Chartered Institute of Arbitrators, a CEDR Accredited Mediator and a lecturer in arbitration law, adjudication and dispute resolution in a number of universities and colleges, including Trinity College, Dublin and the Law Society.

He has acted in hundreds of arbitrations, mediations, adjudications and conciliations over the last twenty years and has been appointed as arbitrator, mediator, adjudicator and conciliator on many commercial disputes both in Europe and the Middle-East.

Damien acts as an arbitrator in all types of commercial and contractual disputes, with particular emphasis on construction, engineering and energy disputes. 

Damien is also recognised as a leading construction and engineering lawyer with vast experience in all aspects of dispute resolution in construction, engineering and energy claims.  Damien is a “Leading Individual” in Construction law as ranked by the Legal 500, and a “Leader in his field” and “among the World’s leading Construction lawyers” as ranked by Who’s Who Legal: Construction 2016.  Damien has extensive contentious and non-contentious construction and engineering law experience advising clients in bringing major infrastructure and energy projects from inception to conclusion.

Niav O’Higgins

Niav O’Higgins

Partner, Construction & Engineering Group, Arthur Cox

Niav heads up the Construction & Engineering Group in Arthur Cox.

Read more

She has been specialising in construction for over 20 years, advising clients operating across a range of sectors within the industry on both contentious and non-contentious matters. She has extensive experience of drafting construction contracts and design appointments, including all ancillary documentation, with experience of all the main standard forms of building and engineering contracts used in Ireland.  She also advises on effective dispute resolution, whether through litigation, arbitration, conciliation, mediation or adjudication, focussed on ensuring resolution as efficiently as possible and on the best terms.  She is an accredited CEDR mediator, has a diploma in adjudication from the RICS and is chair of the Adjudication Society, Ireland region.

Charles Mitchell

Charles Mitchell

FSCSI, FRICS, FCIArb

Charles is a Chartered Quantity Surveyor and lectures in Dublin Institute of Technology.

Read more

During his time as a contractor’s Quantity Surveyor Charles was introduced to the world of construction claims. This prompted a new interest, which lead to further studies, claims consultancy and expert witness work in construction claims. Charles now lectures on quantity surveying and conflict avoidance and dispute resolution modules.

Conor Owens

Conor Owens

Partner, A&L Goodbody

Conor Owens is a partner in A&L Goodbody’s Projects & Infrastructure and Construction Groups.

Read more

Conor has over 15 years’ experience advising on construction law and construction related litigation / arbitration / mediation / adjudication; procurement contracts and disputes, contract negotiation and drafting; strategic mid-stream advice; insurance coverage disputes; negligence claims; bond claims; general construction claims; litigation; alternative dispute resolution; product liability. His clients include contractors, sub-contractors, public authorities, private owners, sponsors, funders and designers. On the non-contentious side Conor advises contractors, sponsors, developers, funders and designers.

Robert Rooney

Robert Rooney

Associate, A&L Goodbody

Robert Rooney is an associate in the A&L Goodbody’s Projects & Infrastructure and Construction Group.

Read more

Robert has ten years’ experience in making and assessing construction claims, during the contractual process, and as part of adjudication, conciliation and arbitration. Robert advises a wide range of clients across a variety of business and industry sectors including infrastructure, development, retail, pharmaceutical and food and beverage. Robert’s also advises on non-contentious construction issues and leads the legal input on significant construction projects.

Martin Cooney

Martin Cooney

Partner and Head of Construction, ByrneWallace

Martin is a partner and Head of the ByrneWallace Construction Law Team.

Read more

Martin advises on all aspects of construction law including both contentious and non-contentious matters. He has wide ranging experience advising on standard form contracts (including RIAI, Public Works, NEC and FIDIC) as well as negotiating and drafting bespoke contracts, professional appointments and ancillary contracts. A skilled litigator, Martin has expertise in various forms of dispute resolution having represented employers, consultants and contractors in mediations, conciliations, adjudications, expert determinations and arbitration. He is also experienced in traditional litigation having represented clients at all court levels, particularly in the Commercial Court.

Radisson Blu St. Helen’s Hotel, Stillorgan Road, Blackrock, Co. Dublin

Booking rate €450.00 + VAT

Please note the early bird discount can close sooner than expected once a certain amount of seats fill up, therefore your prompt booking is strongly advised to avoid disappointment

CMG Events Conference Discount

  • 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The rate to attend includes morning tea/coffee and refreshments on arrival at registration, mid-morning tea/coffee and pastries and full buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

 Tel: 01 293 4764

Email: bookings@cmgevents.ie

Booking rate: €450.00 + VAT

Company Name (required)

Number of Delegates Attending (required)

Delegate's Name(s) (required)

Delegate's Position(s) Within Company (required)

Delegate's Email(s) (required)

Booker's Name (required)

Booker's Email:

Booker's Telephone (required)

Payment Options (required)

We recommend you pay by credit card to ensure you receive the best rate available

Invoicing Address

Accounts Phone Number (required)

Accounts Email (required)

NOTE: Please do not enter your credit card details. A member of our staff will contact you promptly when you have submitted the form.

Terms and Conditions:
Payment for attendance is due within seven days from the date of invoice. This booking is transferable and a substitute attendee may attend on your behalf at no additional cost if you cannot attend. Cancellation of a booking must be received by CMG Events in writing by email or by post, no later than 14 days prior to the event date. Regrettably no cancelations or refunds can be made after this date. In the case of a refund – an administration charge of 25% plus VAT will be deducted before a refund is made. CMG Events reserve the right to make any necessary changes to the advertised programme including a change of venue. The views expressed by the speakers are not necessarily those held by the organisers, nor is the organiser responsible for speakers opinions or statements. Please note CMG Events will distribute the delegate list to all registered attendees prior to the conference for networking purposes. However, in keeping with current data protection and privacy legislation, the distributed delegate list will not contain telephone or email contact details. Please advise CMG Events if you would like to have your name removed from this networking list for this event. We do not sell your data to a third party - we may use your contact details for the purposes of notifying you of other conferences or training courses that we run. If you do not wish for us to contact you again, please let us know by emailing sarahjane@cmgevents.ie

I have read the terms and conditions