• Recent Case Law
  • Project Delays
  • Defective Work
  • Roles & Responsibilities of Client & Contractor


Talbot Hotel, Stillorgan, Co Dublin

Date: 4th April 2019

Construction contracts can be hugely complex with a range of different challenges associated with each form of contract. This conference will examine the most commonly used contracts, challenges associated with each and successful project outcomes to use for future contracts.

There will be a full line up of expert speakers on these topics covering all practical and legal elements, using case studies and real life examples. 

Book your place now!

5 Structured CPD Points

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Conference Chairperson & Opening Remarks:

Finola McCarthy, Partner, Ronan Daly Jermyn

9.00

Construction Contracts Act – “experience to date”

Speaker: Damien Keogh, Damien Keogh Associates

9.40

Public Works Contracts

  • Recent Changes Examined
  • Notices of dissatisfaction arising under clause 13
  • Revised Bill of Quantities
  • The revised specialist process
  • New tender award criteria
  • Revised dispute resolution process

Sectoral employment order – recovering additional Payment

  • The history of the Sectoral employment order
  • PWC guidelines
  • The position re-cost recovery under the various contracts

Speaker: Deirdre Hennessy, Senior Associate, ByrneWallace

10.30

Design & Build Contracts: Roles & Responsibilities of Client and Contractor in respect of design under private and public contracts

  • Design and Build contracts General Design responsibility
  • Private contract forms (RIAI, FIDIC, NEC) division of design responsibility
  • What does GCCC change?  
  • Recent legislative impacts
  • BIM and Digital Impact

Speaker: Chris Wheeler, Partner, Construction and Energy, (DWF Dublin)

11.10

Coffee break and chance to network

11.30

Project Security

  • Types of Security
  • Securing performance of the Employer’s obligations
  • Securing performance of the Contractor’s obligations
  • Case law
  • Practicalities

Speaker: Lisa Maloney, ByrneWallace

12.10

Acceleration claims on construction contracts

  • Acceleration under Irish contracts – RIAI building contract / Public Works Contract
  • Types of delay
  • Loss and expense, or damages, or reasonable costs
  • Acceleration of programme
  • Directed acceleration
  • Constructive acceleration
    – Degree of coercion required to establish constructive acceleration
    – Acceleration in Canada
    – The attitude of English commentators
    – Constructive acceleration as a claim for damages

Speaker: John Lyden– Conciliator and Arbitrator

12.50

Q&A Session

1.00

Lunch and chance to network

2.00

Construction Defects: a legal perspective

  • How does the law define a defect?
  • Patent and latent defects; Temporary disconformity?
  • Defects from a contractual perspective (RIAI and PWC Contracts);
  • Defects from a tortious perspective: Negligence; building professionals’ duties with regard to defects; Civil Liability Act 1961; “complex structure theory”; risk of future damage; fitness for purpose; Economic Loss; Irish High court decision in Ward –v-McMaster; Glencar-v-Mayo County Council
  • Concurrent liability in contract and tort
  • Limitation periods (Statute of Limitations Act 1957); effect of the Final Certificate; limitation of liability clauses; Net contribution clauses in collateral warranties.
  • Remedies; cost of cure; diminution in value; betterment; consequential losses; duty to mitigate.

Speaker: Denis O’Driscoll, Denis O’Driscoll & Associates

2.40

“CLAUSE 33” – RIAI Contract, August 2017 Edition

  • What determination means
  • Common law rights
  • Rights under the contract
  • Procedure for determination
  • Bondsman
  • Notices needed
  • What happens post determination
  • Protecting the site
  • Completing the Works
  • Using the Contractor’s things
  • Finalising the money

Speaker: John Costello, QS, Costello Surveyors

3.20

Types of delay

  • Payment delays
  • Problems with Safety Files causing some consternation & payment delays if the Main Contractor/ PSCS does not submit details for the Safety File on time (or at all).
  • Loss and expense, damages, or reasonable costs – RIAI and GDLA Contracts / IEI Contract / Public Works Contract
  • Making up for lost time

Speaker: William Brown, Quigg Golden

4.00

Q&A Session 

4.10

Conference Close

This event will be of real interest to all build and design professionals. The types of organisations in attendance will be contractors, sub-contractors, engineers, architects, local authorities, semi-state agencies, government departments, manufacturers, suppliers, universities and legal consultants.

There will be 5 structured CPD points awarded to all attendees at this conference from the CPD certification service.

Finola McCarthy

Finola McCarthy

Partner, Ronan Daly Jermyn

Finola is a Partner in Ronan Daly Jermyn and head of the construction team with 25 years’ experience.

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She advises on all types of construction and engineering projects both public and private sector from initial procurement through to dispute resolution. She is vastly experienced in all principal forms of contract used in design build, EPC, construction, infrastructure and energy projects from NEC, FIDIC , RIAI and public works to bespoke forms. Finola is a recognised construction lawyer in Chambers Europe, Legal 500 and Best Lawyers.

Karen BohaneChris Wheeler

Partner, Construction and Energy, (DWF Dublin)

Chris is a Partner at DWF (Dublin), leading the growth of DWF’s construction offering in Ireland.

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Chris’ projects-related expertise spans the full life cycle of projects from procurement and contract negotiation and risk analysis to mid-project advice to post-project disputes.

Chris has spent the last six years prior to recently joining DWF in a senior in-house role at a global engineering firm. He developed deep experience across many sectors including Water, Rail, Multi-use Development, PPP infrastructure, Energy, Airports, Technology Hubs, and Environmental. Chris oversaw litigation in over a dozen countries and has advocated in mediations, adjudications and arbitrations on many files.

Chris brings his broad in-house exposure to projects in some 30 countries, M & A transactions, Irish leases, Employment law, Data Privacy and Corporate governance into cross-selling opportunities across the DWF offerings and offices.

John Lyden

John Lyden

Arbitrator, Member of the Minister’s Panel of Adjudicators appointed under the Construction Contracts Act

John is a Construction Contract Consultant, Adjudicator, Arbitrator, Conciliator, Mediator and Chartered Quantity Surveyor.

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He is a member of:
Panel of Adjudicators appointed by the Minister under section 8 of the Construction Contracts Act 2013.
Engineer’s Ireland Arbitrators Panels of Arbitrators and Conciliators
Society of Chartered Surveyors Ireland Panels of Adjudicators; Arbitrators/Experts; and Conciliators/Mediators
Construction Industry Federation National Contractual Dispute Services Panel.

Denis O'Driscoll

Denis O’Driscoll

Principal, Denis O’Driscoll & Associates

Denis is principal of Denis O’Driscoll & Associates Solicitors.

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He was called to the bar at the Honorable Society of the Inner Temple London but now practices as a solicitor throughout Ireland exclusively in the area of construction law. Rather uniquely, he is also dually qualified as a chartered quantity surveyor and has over 30 years’ experience working in the construction industry in the capacity as a quantity surveyor (on a variety of building and civil engineering projects) and lawyer. As someone who has spent his formative years wearing a “hard hat” his circle of competence includes a unique blend of practical construction/commercial experience and legal knowledge. He is a Fellow of the Chartered Institute of Arbitrators, Society of Chartered Surveyors, RICS and a certified mediator and adjudicator. He has written on a variety of construction law issues in both the Law Society’s Gazette and the Construction Industry Federation’s magazine.

Damien Keogh

Damien Keogh

Senior Partner and Principal, Damien Keogh & Associates

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

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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.

Lisa Maloney

Lisa Maloney

Solicitor, Byrne Wallace

Lisa is a solicitor in the ByrneWallace Construction Law Team.

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Lisa advises clients on all aspects of construction law (both contentious and non-contentious). She advises on standard form contracts including RIAI, NEC, JCT, FIDIC, IEI and Public Works. Lisa also advises on bespoke construction contracts including sub-contracts, consultant appointments and collateral warranties.

Lisa has expertise on the various forms of dispute resolution and advises clients on construction claims during the contractual process. She has represented employers, contractors and consultants in mediation, conciliation, adjudication and arbitration. Lisa is also experienced in litigation and has represented clients at all court levels, including the Commercial Court.

Talbot Hotel (Formerly Stillorgan Park Hotel)

BOOKING RATE: €395 + VAT per Person. 

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 buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

Tel: 01 293 4764

Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

Booking Rate: €395 + VAT

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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 in writing by email or by post, no later than 14 days prior to the event or course date. Regrettably no cancelations or refunds can be made after this date. Cancellations will be charged an administration fee of 25% plus VAT.

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