Now in its 12th Year!

Legal Challenges, Regulatory & Compliance legislation

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 6th December 2017

Sponsored by:
OSI-Logo-250x85

This year’s conference aims to give construction professionals a better understanding of how to overcome real challenges both on site and in the boardroom by providing context and insight from expert speakers who have worked on many legally challenging construction cases over the years.

CMG events typically sell out quickly, so prompt booking is strongly advised to secure your place at the Early Bird Rate of €395.00 + VAT (Normal rate €495.00 + 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

Book your place now!

The Construction legal and regulatory system has had a lot of very significant changes over the last few years. Having researched the sector and consulted with many in the industry at the coalface, the main areas of focus at this year’s conference include; updates on the New EU Procurement rules, Public works contracts changes, payment delays, risk management and project delay issues, to name just a few.

This conference is a sold out event every year as it has become a significant calendar diary date for those in construction and related sectors. Attendees return year after year to find out what has changed, regulatory updates and implications, what you need to be aware of for the future projects and what you need to do to ensure compliance, legislative adherence and legal protection. Delegates also return because they can talk directly to industry law experts about specific issues and of course establish important connections at the networking breaks and lunch during the event.

Who Should Attend

This event will be of real interest to all build and design professionals, public sector bodies and those who look after the law surrounding projects. The types of organisations in attendance will be contractors, sub-contractors, engineers, architects, local authorities, semi-state agencies, government departments, manufacturers, suppliers, universities, barristers and legal consultants.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Conference Chairperson & Overview:
Professor Rudi Klein, Barrister & Chief, Executive, Specialist Engineering Contractors’ Group, President, NEC Users’ Group

9.00

PWC Contracts – Project Board & Standing Conciliator under new 2017 PWC Contracts – Practical experienced view point
Speaker: Tim Ahern, Conciliator

  • Pre 2017 Standing Conciliator agreed between Parties as part of Team Building
  • PWC projects where on first dispute Parties agreed that appointed Conciliator would deal with all future disputes.
  • Regular Site Visits by Standing Conciliator meant many issues resolved before becoming formal “Disputes” – how Is this working in practice
  • Key Objectives – Dispute Avoidance ( as distinct from Dispute Management)
  • Do the new PWC Rules reflect Dispute Avoidance objective of PWC Guidance Notes
  • Relationship between Standing Conciliator and Project Board (SC is not a PB member) – What to carefully considered at the outset.
  • How to ensure “dispute avoidance” objectives are delivered. Practical suggestions.
  • Clause 10.3 difficulties
  • Issues arising from clauses 10.6 and 10.7

9.30

Adjudication – how does it work in practice?
Speaker: Edward Quigg, Director, Quigg Golden

  • What are the typical steps in an adjudication
  • Top tips for the referring party
  • Top tips for the responding party
  • How to ensure your decision can be enforced
  • Lessons learned already

10.10

Project & Payment Delays – Issues to consider when delays occur in relation to payments and projects respectively
Speaker: Hazel Smyth BCLF, LLM, BL Legal Counsel – AECOM

Project delays

  • Causes of delays/Delay analysis
  • Acceleration and granting of extensions of time
  • Key contractual and statutory provisions and case law
  • Mitigation strategies

Payment delays

  • Causes of delays/Delay analysis
  • Key contractual and statutory provisions and case law
  • Mitigation strategies

10.50

Coffee break and chance to network

11.15

Planning Law and Development in Practice
Speaker: Mary Hughes MIPI, Director, HRA | PLANNING – Chartered Town Planning & Environmental Consultants

  • How will the National Planning Framework affect development?
  • Update on Planning & Development (Housing) and Residential Tenancies Act 2016
  • Vacant Site Levy – what you need to know
  • Further changes needed to the planning system

11.50

Set-off
Speaker: John Lyden  – Conciliator and Arbitrator

  • Set-off at common law
  • Set-off under the RIAI Contract
  • Set-off under the Public Works Contract
  • Set-off in equity
  • Set-off under the insolvency rules
  • Set-off concerning building defects where contractor is insolvent
  • Abatement of price payable to contractor

12.20

EU Procurement Rules update
Speaker: Philip Lee, Managing Partner, Philip Lee Solicitors

  • Has anything really changed?
  • Use of Lots and combination discounts
  • Amending contracts
  • KPIs and Low Performance Damages

1.15

Lunch and chance to network

2.00

Application of the Arbitration Act 2010 in practice
Speaker: Jarlath Fitzsimons, SC, The Law Library

  • Stay applications
  • Set-aside applications
  • Deciding on jurisdiction
  • Enforcement of arbitral awards

2.40

BCAR – The Liability of Architects for Inspection
Speaker: Barry Mansfield, Barrister-at-Law, The Law Library

  • Civil Liability of Certifiers
  • Litigating Architect’s Certificates Issued Under Construction Contracts

3.20

The Law of Professional Negligence and Construction Professionals
Speaker: Jamie Ritchie, Associate Solicitor, Construction and Energy, LK Shields

  • The ever-evolving scope of the duty of care / standard of care
  • Recent examples of negligence in construction and industry trends
  • The avenues available for making a negligence claim in Ireland
  • Best practice in dealing with negligence in construction
  • Talking points going forward into 2018

4.00

Digital disruption & new technologies in construction: Key legal issues arising.
Speaker: David Savage, Partner & Head of Construction & Infrastructure Sector, Charles Russell Speechlys

  • What are the legal and regulatory challenges new technology and digital disruption in construction may give rise to?
  • Are construction contracts an inhibitor of change, or a potential enabler of change?
  • BIM Level 3 – what will this mean for construction contracts?
  • What contracts do other “more digitised” sectors use, and what can we learn from them?

4.40

Conference Close

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

OSI-Logo-250x85Ordnance Survey Ireland is the national mapping agency in the Republic of Ireland. It is an information organisation whose business is to capture, process and distribute spatial information by means of advanced technology.

Ordnance Survey Ireland’s primary product is mapping services. Ordnance Survey Ireland produces urban, rural and tourist and leisure mapping at a variety of scales. This mapping is produced in digital form as well as on paper. In addition, the base data used to create the map products is also used to produce other products such as aerial photography/ orthophotography and Digital Terrain Models and Environmental Reports. It also has an extensive database of historic mapping data from the 1830’s. Ordnance Survey Ireland licenses the use of its data for a wide range of computer based applications such as Computer Aided Design (CAD) and Geographic Information Systems (GIS).

www.osi.ie

Rudi Klein

Professor Rudi Klein

Barrister & Chief, Executive, Specialist Engineering Contractors’ Group, President, NEC Users’ Group

Rudi Klein is Chief Executive of the Specialist Engineering Contractors’ (SEC) Group, an umbrella body representing the interests of 60,000 firms in the specialist engineering sector. He is also a barrister specialising in construction law.

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He was actively involved in the piloting of the ‘Construction Act’ through Parliament and originated Section 112 of the Act dealing with the right of suspension of construction contracts for non-payment. He campaigned for amendments to the Act to overcome weaknesses in the legislation. When Part 8 of the Local Democracy, Economic Development and Construction Bill was introduced he drafted amendments which were debated in Parliament. An amendment on security for payment was lost by 69 votes in the House of Commons.

He is an adjudicator on the Adjudication Panel of the Chartered Institute of Building (CIOB). He has lectured extensively on legal and contractual matters.

He is an honorary member of the Society of Construction Law.

Rudi has given advice to both the New Zealand and Singaporean Governments in the development of their respective construction contracts legislation. He worked with Senator Quinn on the drafting of the Construction Contracts Act. He was a member of a European Commission working party drafting a harmonised code of contract law for the European Union. He is a visiting lecturer at the University of Stuttgart.

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.

Mary Hughes

Mary Hughes

MIPI, Managing Director of HRA | Planning

With in excess of 20 years post qualification experience Mary’s initial years were spent working as a planner with local government in Ireland.

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This was before moving to the private sector and working for a multi-disciplinary consultancy specialising in transport and planning for three years.  Mary then established HRA | PLANNING a town planning & environmental consultancy in 2005 with offices in Dublin and Limerick city. She has been involved and continues to be involved in many national and regional projects including the preparation of development plans on behalf of local government; provision of advice on planning and environmental matters to national government departments and semi state bodies; and provision of planning advice to large development companies, regeneration companies and community groups. Mary was elected to the national Council of the Irish Planning Institute (IPI) in 2010 and served as President of the Institute from 2014 to January 2016. She was appointed by the Minister for the Environment to the Independent Review Group of An Bord Pleanála in 2015.  She was also nominated by the Irish Planning Institute as a candidate to the 25th Seanad Eireann election.

Edward Quigg

Edward Quigg

Director, Quigg Golden

Edward is a Director of Quigg Golden, a leading procurement and construction law consultancy.

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He is a recognised expert on procurement and construction law. He regularly advises public sector clients on procurement procedures including the compliant drafting of tender documentation and the appropriate evaluation of tenders in accordance with stated criteria.  Edward also assists clients in dealing with complaints and legal challenges.  He regularly acts for suppliers seeking to challenge public procurements and has acted as expert witness to procurement disputes. Edward is regularly invited to speak at procurement conferences throughout the UK and Ireland.

Jamie Ritchie

Jamie Ritchie

Associate Solicitor, Construction and Energy, LK Shields

Jamie is a Solicitor, Associate Member of the Chartered Institute of Arbitrators and former consultant in construction and procurement.

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Jamie joined LK Shields from a top tier international firm and has advised clients across multiple jurisdictions in a diverse range of contentious and non-contentious matters. Jamie’s speciality is in construction related matters and government procurement. Jamie has particular experience in construction adjudication and dispute resolution with himself having acted as an advocate in ADR context.  Additionally, he has expertise in bespoke contractual arrangements and has previously delivered lectures across the UK and Ireland. His previous industry experience has provided Jamie with a unique skill set, flair and understanding of the larger commercial picture whilst working with clients and instructing counsel alike.

Philip Lee

Philip Lee

Managing Partner, Philip Lee Solicitors

Philip is managing partner of Philip Lee, a firm of over 100 staff with offices in Dublin, Brussels and San Francisco.

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Philip is a leading authority on international trade and WTO law and has written widely in the area including publications in the Journal of International trade Law. Philip’s published articles on international trade law have been cited by the European Court. Philip represented the 77 ACP countries in the case concerning the EC regime for importation of bananas and in doing so became the first private lawyer in the world to act as an advocate before the new panel and appellate body of the WTO. For 5 years Philip lectured in international trade and WTO law in UCD. Philip is the author of “Public Procurement”, the first legal book on this topic, published by Butterworths in 1992. Philip was the founding  chairman of the Irish Green Building Council, Connect Ethiopia and is currently chairman of the Irish Fencing Federation, the national governing body for the sport of fencing in Ireland.

Hazel Smyth

Hazel Smyth

BCLF, LLM, BL Legal Counsel – AECOM

Hazel has extensive experience dealing with contract drafting, negotiation and management.

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Following various legal internships and before joining the AECOM legal team, Hazel acted as the Contracts Manager for an international tax company based in Dublin. Following this, she joined the AECOM legal team approximately five years ago. Working in the legal team of a Fortune 500 multinational engineering / construction company, Hazel has been involved in negotiating many large, complex contract negotiations with various stakeholders, advising on disputes and the management of claims, providing training to business leaders and assisting with a wide variety of day-to-day queries. She is a member of the International Bar Association and the National Association of Women in Construction.

Tim Ahern

Tim Ahern

BE, CEng, FIEI – Conciliator

Tim is a Chartered Civil Engineer and has worked on major civil engineering projects in both the U.K. & Ireland.

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He was ahead of Engineering in the NRA for the major motorway programme and was responsible for the development of the NRA’s procurement and contract strategies. The NRA Contracts introduced innovations such as Design & Build, Conciliation, Standing Conciliators and Project Boards that were subsequently incorporated into the PWC forms.

Tim was  member of the GCCC, Engineers Ireland Disputes Committee and Ireland’s representative on PIARC and a number of EU Committees.

Currently Tim is Director of Tim Ahern Consultancy Ltd, specialising in Public Procurement and Construction Disputes.
Tim has acted as Expert Witness, Mediator, Conciliator, Standing Conciliator & Project Board Member on a large number of public works building and civil engineering 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.

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He advises employers, contractors, and consultants on a wide range of building and civil engineering matters, both domestically and internationally. He also advises the firmís 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 firmís recent report entitled ìThe New Realî 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.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

EARLY BIRD RATE €395 + VAT per person – (Closing Friday 6th October) Normal Rate @ €495 + 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

15% 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

   Telephone:+353 1 2933650

Early Bird Rate is €395.00 + VAT (Normal rate €495.00 + VAT)

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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

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