Conference Chairperson & Opening Remarks

Valuing Claims Using 10.6.1 – 10.6.4

Speaker: Gerry O Sullivan, Chartered Quantity Surveyor, Barrister-at-Law & legal consultant with Mulcahy McDonagh & Partners (MMP)

• Valuation of varied works

• Rules of Valuation-case law

• Contractual basis for Rates in the Pricing Document

• Fair Valuation as defined in PWC

• Preliminaries

• Overhead and profit

• Variations of claims under Schedule Part 1 K 17 -Pricing document error

• Cost basis under 10.6.4

• Effect of ERs conclusive direction to value under 10.6.4

• Valuing variations to “Named Specialist’s “ work

• What is Delay cost under 10.7?

Construction Contract Act - “Smash and Grab” Adjudications

Speaker: William Brown, Director, Fortfield and Brown  

Key Considerations When Terminating Construction Contracts

Speaker: Kevin Harnett, Partner and The Head of The Construction Team, Hayes Solicitors

• Alternatives to Termination: Exploring Viable Solutions

• Legal Rights and Obligations in Contract Termination

• Contractual Procedures and Documentation Prior to Termination

Performance Bond Claims

Speaker: Shane O'Connor, Partner, RDJ

• What is a performance bond?

• What is a surety bond claim?

• Who can file a claim against a performance bond?

• What causes performance bond claims?

• How to handle a performance bond claim

Contract Interpretation: How Courts Resolve Ambiguities in Contract Documents

Speaker: Chris Wheeler, Senior Fixed Share Partner, Construction and Energy, DWF (Ireland) LLP

Standard Forms of Contracts – Focusing on Key Conditions and Clauses

Speaker: Jamie McGee, Partner, McCann FitzGerald LLP

• Delays, damages disruption and notification methods

• Timings for compliance

• Time and cost recovery

• Quantifying costs and what is permissible under the contracts

Disruptions Caused By Clients - De-mobilisation of Subcontractors

Prolongation Claims

• What are prolongation costs?

• Key case law relating to prolongation costs and their recovery

• What do the standard forms provide for in respect of prolongation costs?

• Things to think about re key types of “prolongation” costs:

• Increased preliminaries or site overheads

• Labour, plant, equipment and subcontractor costs

• Increased off-site costs

Concurrent Delays in Construction Projects

• Extension of time

• Damages for delay

• Contractor risk events and liquidated damages

Recovery of Disputed Variations

• Can the Employer simply omit this element of the works and then place an order with Another contractor or can I reject the instruction?

• Am I entitled to claim for Loss of Profit?

• What do I have to reasonably provide to recover the monies?

• When can I claim the loss of profit for omissions to contract works?

• Does the amount of variations affect if I can claim for loss of overhead and profit?

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