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:
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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. 

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.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Conference Chair & Opening Remarks

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

9.00

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

9.40

Funder Requirements for Construction Projects

  • Market shifts in lenders’ construction requirements for medium and large scale projects
  • How some lenders can “over-engineer” the legals!
  • What a contractor or design team member will be able to negotiate
  • Best practice for employers and borrowers
  • Things a diligent lender or funder will ask for and why?
  • A typical CP checklist

Speaker: Jamie Ritchie, Associate: Projects, Construction & Energy, LK Shields

10.20

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: Hubert Fitzpatrick, Director, CIF (Construction Industry Federation)

11.00

Coffee break and chance to network

11.30

Changes in the Public Works Contracts

  • Dealing with claims for increased labour costs and SEO’s
  • Changes in the way delay costs are treated
  • Implementing changes from the Construction Contract Act

Speaker: Robert Rooney, A&L Goodbody

12.00

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

12.30

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

1.00

Q+A Session

1.15

Lunch and chance to network

2.00

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

2.40

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

3.20

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.
  • Civil and regulatory criminal liability on duty holders including clients, contractors, designers, PSDPs and PSCSs under the Health and Safety at Work Act 2005 [No. 10 of 2005] and the Safety, Health & Welfare at Work (Construction) Regulations 2013 [S.I. 291 of 2013.
  • Managing and design process
  • Technical matters which undertakings and their management need to consider in achieving legal compliance
  • Codes of Practice
  • Current construction health and safety issues involving schools

Speaker: Shay Fleming, Solicitor, Greg Ryan Solicitors

4.00

Q&A session

4.15

Conference Close

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 CEO of the Specialist Engineering Contractors’ (SEC) Group representing the UK’s premier trade associations in the specialist engineering sector.

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He is a barrister in construction law and President of the NEC Users’ Group.  Rudi is acknowledged as the driving force behind the changes to improve payment performance in the UK construction industry.  These include the Construction Act and project bank accounts.  He helped draft the Construction Contracts Act in Ireland which was added to the Irish Statute Book in July 2013.  Rudi is the author of two legal publications and countless legal articles in the construction press and academic journals.  He is Visiting Professor of Construction Law at the University of Northumbria and University of Stuttgart.  In 2015 he was awarded the Clare Edwards Award for his professional excellence and contribution in the field of construction law.  In October 2016 Rudi was presented with a Lifetime Achievement Award by SELECT the trade body for the electrotechnical industry in Scotland.  SEC Group was awarded the 2018 Gold Award at the H&V News Awards.  Rudi was appointed to the Carillion Task Force chaired by the Secretary of State for Business in January 2018.

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.

Kenny Caldwell

Kenny Caldwell

MIPI, Managing Director, Caldwell Solicitors

Kenny is the Managing Director at Caldwell Solicitors.

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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 Ritchie is a key member of the Projects & Construction team at LK Shields and has built a reputation as being one of the “go-to” resources within the firm on construction issues both contentious and non-contentious.

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Prior to embarking on a career as a solicitor, Jamie worked in the construction sector and has first-hand experience of working with primary stakeholders to coordinate successful project delivery. Clients appreciate his extremely commercial approach to complex technical issues both contentious and non-contentious.

Tim Ahern

Tim Ahern

BE, CEng, FIEI – Conciliator

Tim was a founder member of Engineers Ireland Disputes Committee that introduced Conciliation.

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He was a former member of GCCC. He has extensive experience of Conciliation and in particular the Standing Conciliator role pre PWC 2016 Rules. He has acted as Standing Conciliator on a significant number of post 2016 PWC 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.

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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

Solicitor, Greg Ryan Solicitors

Shay Fleming is a specialist multi-disciplinary legal practitioner in the highly regulated areas of Health & Safety, Engineering, Fire Safety, Regulatory Compliance, Professional Negligence, Forensic Science, Technology and Personal Injury litigation.

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Prior to commencing practice as a Solicitor in 2015, Shay was a Barrister-at-Law for fifteen years. He had a successful criminal defence practice and specialised in defending regulatory prosecutions brought by the Health & Safety Authority and other regulatory authorities. He also defended personal injury and professional negligence actions on behalf of insurers.

Shay holds professional memberships of the Institute of Physics (Chartered Physicist), and the Royal Society of Chemistry (Chartered Chemist). Before coming to law in 2000, Shay was an Inspector with the Health and Safety Authority where he investigated serious accidents resulting in the successful prosecution of employers, managers and employees. He also spent several years in industry employed as a senior engineer in the microelectronics industry and technical consultant in the print and packaging industry.

Hubert Fitzpatrick

Hubert Fitzpatrick

Director, CIF (Construction Industry Federation)

Hubert Fitzpatrick is a Director of the Construction Industry Federation with a brief including Development, Housing and Planning Services, Taxation Investment and Public Spending, Financing/Banking, Construction Waste including Soil and Stone, and Regulation including Building Regulations and Registration of Builders.

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He has been to the forefront in formulating the structure of the Register of Builders known as Construction Industry Register Ireland – CIRI – in conjunction with the Department of Housing Planning and Local Government.

Hubert is also Director of the Irish Home Builders Association which represents the interests of house builders countrywide.

Prior to joining the CIF, Hubert worked in Project Procurement & Management and Dispute Resolution with a major law firm. He previously held senior management positions in a number of local authorities throughout the country.

Royal Marine Hotel, Dun Laoghaire, 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

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