CIRI Updates – Ways of dealing with post Carillion Legacy – Termination of Contracts

Royal Marine Hotel,
Dun Laoghaire, Co. Dublin

Date: 5th December 2018

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 an 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 and save €100.00 – Early Bird Rate is €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!

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;

  • Project bank accounts – as a way of dealing with the post-Carillion legacy
  • CIRI (Construction Industry Register Ireland) recent changes contractors need to comply with
  • Changes in the Public Works Contracts
  • One year on, how are Project Boards and Standing Conciliators operating under the 2017 Suite of Public Works Contracts
  • Implied Terms on Construction Contracts – how the courts fill in the gaps in the absence of written terms of contract
  • Termination of contracts – what happens if the employer wants to get rid of the contractor when the project is unfinished?
  • Has the Construction Contracts Act 2013 Improved Cash-flow in the Construction Industry?
  • Legal Compliance with Safety Management Systems
  • Construction Finance and Construction Projects

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

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, contractors, sub-contractors, engineers, architects, local authorities, semi-state agencies, government departments, manufacturers, suppliers, universities and legal consultants.

Full Day Programme 8.50am to 4.30pm

Conference Chair & Opening Remarks

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

Project bank accounts – as a way of dealing with the post-Carillion legacy

  • What are project bank accounts? When should they be used and by whom? Are they suitable for Ireland?
  • Setting up and operating project bank accounts.
  • Are project bank accounts effective in providing security of payment?

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

CIRI (Construction Industry Register Ireland) recent changes contractors need to comply with

  • CIRI is to be put on a statutory basis this year – what will this mean for contractors and others in the sector?
  • All builders and sub-contractors will have to be vetted by CIRI/ CIF – What will be required.
  • Training and CPD requirements which are mandatory for all construction companies on the CIRI register

Speaker: Kenny Caldwell, Managing Director, Caldwell Solicitors

Changes in the Public Works Contracts

Speaker: Robert Rooney, A&L Goodbody

One year on, how are Project Boards and Standing Conciliators operating under the 2017 Suite of Public Works Contracts

  • Are Standing Conciliators assisting in the avoidance of disputes?
  • Are Project Boards confining themselves to post 10.5Determinations?
  • Relationship between Standing Conciliator & Project Board?
  • Cost, value for money?

Speaker: Tim Ahern, Conciliator

Implied Terms on Construction Contracts – how the courts fill in the gaps in the absence of written terms of contract

  • Implied terms under the common law
  • Terms implied in fact
  • Implied terms on contractor’s part
  • Implied terms on employer’s part

Speaker: John Lyden – Conciliator and Arbitrator

Termination of contracts – what happens if the employer wants to get rid of the contractor when the project is unfinished?

  • EXPRESS REQUIREMENTS OF THE RIAI CONTRACT
  • Relevant types of default
  • RIAI clause 33(a)(i) (ii) (iii) (iv) discussed
  • Notice in writing from the Architect requiring him to remove defective work or improper materials
  • Faulty workmanship, defects and lack of protection – Defective work at the date of determination
  • The notice period
  • Employer actions which would make the determination invalid
  • What happens after determination

Speaker: Kenny Caldwell, Managing Director, Caldwell Solicitors

Has the Construction Contracts Act 2013 Improved Cash-flow in the Construction Industry?

  • Current main and sub contractor provisions – do they reflect the statutory provisions of the CCA 2013? – Current trends in terms of what contractors are seeing from clients and their compliance with the CCA
  • Payment Claims – are employers/contractors compliant with the provisions of the Act? – Are payless notices being issued when the sum claimed is disputed? What are the implications of the ruling earlier this year in Grove Developments v S&T (UK)?
  • Has cash-flow improved? – If so, is this because the CCA is doing what it set out to do, or just because the industry is enjoying an uplift in activity so cash-flow is less of an issue?
  • Is the threat of Adjudication and/or suspension being used to secure payment?  – What is the experience of contractors/sub-contractors?

Speaker: Denise Kennedy, Construction Consultant, Ronan Daly Jermyn

Legal Compliance with Safety Management Systems

  • New ISO 45001:2018 OSH Management Systems standard.
  • Technical matters which undertakings and their management ought to consider to achieve legal compliance.

Speaker: Shay Fleming, Solicitor

Construction Finance and Construction Projects

  • Things a diligent lender or funder will ask for
  • A typical CP checklist:
    – Fixed Price Agreements / Cost Certainty
    – Bank friendly appointments
    – Performance Bonds
    – Collateral Warranties
    – Evidence of insurance requirements
    – Evidence of compliance with the Building Regulations
  • What will a contractor or design team member be able to negotiate
  • Best practice for borrowers

Speaker: Jamie Ritchie, Associate Solicitor, LK Shields Solicitors

There will be 5 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.

Read more

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.

Read more

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.

Kenny Caldwell

Kenny Caldwell

MIPI, Managing Director, Caldwell Solicitors

Kenny is the Managing Director at Caldwell Solicitors.

Read more

He has a wide and extensive range of practical, commercial and legal experience in construction, engineering, projects and procurement. Kenny works extensively with a range of public and private sector bodies. He regularly advises employers, developers, contractors, consultants, funders and administrators in relation to the construction of commercial and residential development, data centres, energy to waste facilities and infrastructure projects in Northern Ireland, the UK, Ireland and further afield. Kenny is a trained Adjudicator and holds and RICS PGDip in Adjudication. He has been involved in a substantial amount of Adjudications, Mediations, Conciliations, Arbitrations and Litigation on numerous issues ranging from design liability, interpretation of contractual clauses, payment disputes, loss & expense matters and extension of time claims. He is well versed in all standard forms of construction contract including the CWMF, FIDIC, RIAI, JCT, NEC3/NEC4 and various other suites of contract.

Jamie Ritchie

Jamie Ritchie

Associate Solicitor, Construction and Energy, LK Shields

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 within the construction industry and related sectors.

Read more

Jamie is a dual Irish / UK qualified lawyer and currently plays a key role in advising many of Ireland’s leading construction companies and public bodies. Prior to embarking on a career in the law, Jamie worked as a consultant within the construction industry and has first-hand experience of working with construction professionals in bringing about successful project delivery. Jamie has particular experience in coordinating non-contentious outcomes for clients involved in distressed projects. However, his speciality is in advising on client strategy in construction disputes and he continues to act for parties in all the major forms of construction ADR and litigation.

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.

Read more

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.

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.

Shay Fleming

Shay Fleming

Principal Solicitor, Shay Fleming & Associates Solicitors

Shay Fleming is a specialist legal practitioner in Occupational Safety & Health, Environmental, Regulatory Compliance, Professional Negligence, Forensic Science, Employment and Personal Injury litigation.

Read more

He is also an Accredited Mediator. Prior to commencing practice as a Solicitor in 2015, Shay practiced for fifteen years as a Barrister mainly on the Dublin Circuit. Shay holds professional memberships of the Institute of Physics (Chartered Physicist), and Royal Society of Chemistry (Chartered Chemist). Before coming to law, Shay was an Inspector with the Health and Safety Authority and was employed in the microelectronics industry as a senior engineer.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

Secure your place at the early bird rate and save €100.00 – Early Bird Rate is €395.00 + VAT – (Closing Friday 23rd November) – 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

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

   Telephone:+353 1 2933650

Early Bird Booking rate: €395.00 + VAT Normal Rate: €495 + 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 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.

CMG reserve the right to make any necessary changes to the advertised programme including a change of venue. The views expressed by the speakers/tutors are not necessarily those held by the organisers, nor is the organiser responsible for speakers/tutors opinions or statements. Please note CMG will distribute the delegate list to all speakers prior to the event/course to ensure their presentation is relevant to those attending. 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 list.

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 unsubscribe@cmgevents.ie.

To view our Privacy Policy please Click Here

I have read the terms and conditions