A forum to discuss key issues arising on the ground, in boardrooms, within contracts and possible solutions / responsibilities of each party

Talbot Hotel, Stillorgan, Co. Dublin

Date: 4th December 2019

Now in its 14th year, the annual Irish Construction Law Conference returns for 2019 this December.

It has been a busy year for the construction sector, and this year’s conference aims to give construction professionals a better understanding of how to overcome key challenges that have arisen over the last 12 months, as well as ensuring you are as prepared as possible going into 2020.

Sponsored by:
Kingspan Insulated Panels

Book your place now!

Some topics of discussion this year includes:

  • Drafting contracts to ensure poorly performing contractors are excluded from future tender lists
  • Dispute boards, what are they and where do they fit with the traditional methods of dispute resolution?
  • “Future-Proofing” construction projects from a legal perspective
  • Human rights and corruption considerations in construction projects
  • Analysis of the success of adjudication in Ireland to date
  • How to limit your liability in contracts and collateral warranties
  • NEC4 contracting – What are we learning from its use?
  • How the courts deal with ambiguity in contracts

This CPD conference has become a significant calendar diary date for those in construction and related sectors, and typically sells out well in advance. On top of hearing from the very best in the industry, from engineers, barristers, solicitors, arbitrators and consultants, one of the key benefits of attending this conference is the extensive networking and Q & A opportunities provided at the coffee/networking breaks and at the end of the day, allowing you to establish connections, potentially create new business, and talk directly to industry experts on specific issues.

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

Chairperson & Opening Remarks:

David J Savage, Partner, Charles Russell Speechlys

9.00

Drafting contracts to ensure poorly performing contractors are excluded from future tender lists

Speaker: Robert Rooney, Associate, A&L Goodbody

  • Claiming under bonds – Huntington v HCC (Irish High Court September 2019)
  • Contractors can be excluded for prior poor performance – but how should public bodies prepare for that under their contracts?
  • Register of Suppliers’ Poor Performance – the Northern Irish experience
  • Setting damages triggers with teeth
  • Evaluating contractor performance – risks and rewards

9.40

Dispute boards and standing conciliators

Speaker: Stephen Proctor, Partner, McCann Fitzgerald

  • What are dispute boards?
  • Where do they fit with the traditional methods of dispute resolution?
  • Is it a without prejudice and confidential process?
  • Are they binding?
  • Do you still need to give notices for disputes before the project board?

10.20

“Future-Proofing” Construction Projects from a Legal Perspective

Speaker: Jamie Ritchie, Associate Solicitor, LK Shields Solicitors

  • Why does a project need to be “future-proofed” and what does this mean?
  • Funder and investor requirements for construction projects
  • Project structuring and the impact of commercial objectives on construction contracts
  • What is typically negotiable
  • Best practice and strategies

11.00

Q&A Session

11.10

Coffee break

11.30

A Practical Analysis of the Success of Adjudication in Ireland to Date

Speaker: Anthony Hussey, Solicitor and Author of Construction Adjudication in Ireland

  • Why has adjudication not been availed of in Ireland to the same extent as in the UK and elsewhere?
  • How has conciliation been affected by adjudication?
  • How has, and will, arbitration be affected by adjudication?
  • How have adjudicators been interpreting the term “Payment Disputes”?
  • How have adjudicators been interpreting Section 4(3) i.e. does Smash and Grab apply in Ireland?
  • How does the cost of adjudication in Ireland compare with that in the UK?
  • Have adjudicators felt obliged to hold hearings?

12.10

Social, labour, environmental, human rights and corruption considerations in construction projects

Speaker: Eamonn Conlon, Partner, A&L Goodbody

  • The legal framework
  • Exclusion, labels, selection and award criteria, abnormally low tenders
  • Duties of contracting authorities and contractors
  • Civil and criminal liability
  • Due diligence
  • ‘Soft’ law

12.50

Q&A session

1.00

Lunch and chance to network

1.45

Construction case law updates

Speakers: Finola McCarthy, Partner, Ronan Daly Jermyn

  • This update will cover recent cases on essential issues including:
  • NEC
  • Conditions precedent
  • Practical Completion
  • Liquidated Damages
  • Letters of Intent

2.30

Ways of Limiting your Liability in contracts and collateral warranties

Speaker: Niav O’Higgins, Partner, Arthur Cox

  • Time Bars
  • Financial Caps
  • Extent or type of liability

Performance and payment security

  • Securing Performance
  • Bonds
  • Parent Company Guarantees
    – Retention
    – Collateral Warranties
  • Securing Payment
    – Contractual Remedies
  • Statutory Remedies
  • Bonds/Letters of Credit?

3.10

Interpretation of Contracts

Speaker: James Golden, Director, Quigg Golden

How the courts deal with ambiguity in contracts or conflicts between several different provisions in contracts including the recent decision of the Supreme Court in The Law Society of Ireland v MIBI

Unforeseen Ground Conditions

The allocation of risk between employer and contractor of natural or man-made unforeseen difficult ground conditions including the position at common law, misrepresentation, site inspection clauses and the position under the Public Works Contract.

Solicitor’s amending standard contracts, and dramatically changing the risks involved – Clause 26 Insurance of Existing Structures, which is supposed to be by the Employer, but explicitly or subtly, becomes the Contractors risk. Do Contractors know this as it can be very subtle, or do they feel obliged to assume these greater risks?

3.50

Q&A session

4.00

Conference close

There will be 5 CPD points awarded to attendees at this conference. Please check directly with your association or awarding body to see how many points they will award

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

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.

Stephen Proctor

Stephen Proctor

Partner – Construction Group, McCann FitzGerald

Stephen specialises in construction law advising both the public and private sector on many of the significant construction and engineering projects in Ireland over the last 10 years.

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He has particular experience in the construction, operation and maintenance of large scale projects including, agri-food and drink, data centres, transport, life science, water and energy.

He advises on contentious matters representing clients in mediation, conciliation, adjudication, arbitration and court.

Stephen also lectures on renewable energy as part of the Law Society’s Diploma in Environmental and Planning Law.

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.

Read more

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.

Eamonn Conlon

Eamonn Conlon

Partner, A&L Goodbody

Eamonn Conlon is a partner in A&L Goodbody’s Projects & Infrastructure and Construction groups.

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He was commissioned by the Department of Finance to draft the Public Works Contracts in 2007.  He has specialised in construction law in Ireland, the UK and the US for 30 years, and been involved in many of the largest and most complex projects undertaken in Ireland from procurement to contract negotiation and drafting to strategic mid-stream advice to dispute resolution. His clients include public authorities, private owners, sponsors, funders, contractors, and designers. He represents clients in arbitration and litigation of (typically high value) disputes arising from construction and infrastructure projects and procurement, and in mediation, conciliation, adjudication and expert determination. He is a member of the Engineers Ireland panel of conciliators.

Niav O’Higgins

Niav O’Higgins

Partner, Construction & Engineering Group, Arthur Cox

Niav heads up the Construction & Engineering Group in Arthur Cox.

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She has been specialising in construction for over 20 years, advising clients operating across a range of sectors within the industry on both contentious and non-contentious matters. She has extensive experience of drafting construction contracts and design appointments, including all ancillary documentation, with experience of all the main standard forms of building and engineering contracts used in Ireland.  She also advises on effective dispute resolution, whether through litigation, arbitration, conciliation, mediation or adjudication, focussed on ensuring resolution as efficiently as possible and on the best terms.  She is an accredited CEDR mediator, has a diploma in adjudication from the RICS and is chair of the Adjudication Society, Ireland region.

Anthony Hussey

Anthony Hussey

Solicitor and Author of Construction Adjudication in Ireland

Anthony Hussey is a partner in the firm of Hussey Fraser solicitors.

Read more

He has acted as solicitor and advocate in some of the largest construction arbitrations held in the State. He has been involved in the drafting of a number of contracts including a version of the Public Works Contract for use in the private sector and the CIF Form of Domestic Sub-Contract for use with the Public Works Contract. He is Chairman of the Law Society ADR Committee and also sits on the Engineers Ireland equivalent committee. He is a chartered arbitrator, accredited mediator and an author.

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.

Read more
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.

David Savage

David J. Savage

Partner, Charles Russell Speechlys

David is a construction partner and Construction & Infrastructure Sector lead at international law firm Charles Russell Speechlys.

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He is qualified as both a solicitor and a barrister, and joined legacy firm Charles Russell in 2005 to establish and lead its construction practice. David has an extensive following on LinkedIn and Twitter, where he writes about construction law, the construction sector, and technology issues impacting in the construction and legal sectors. His twitter handle is @DavidSavage_Law.

David specialises in both UK & international construction law. Chambers describes him as “extremely impressive & client-focused in all matters” with “first-class knowledge” and “extremely persuasive and yet wisely diplomatic negotiating style.” ​ Chambers 2019 also lists him as a Band 1 “Leader in his Field”​. Legal 500 described him as “the kind of litigator you want on your side – good with the law, a fantastic thinker and able to engage in commercial bargaining with the other side”, listing him as Leading Individual.

David acts for developers, institutions, contractors, sub-contractors, funders, designers and construction consultants. He also acts for HNW individuals undertaking major residential construction projects.

In his international work, David is particularly focussed on the middle east, and is currently advising a government client on one of the largest infrastructure projects in the region. He also delivers training on FIDIC and IChemE contracts throughout the MENA region, including in Bahrain, UAE, Syria and Oman.

Finola McCarthy

James Golden

Director, Quigg Golden

James has over 30 years’ experience working with major consultants and contractors throughout the UK, Ireland, Hong Kong and the Middle East.

Read more

He has extremely strong practical and theoretical knowledge on all the standard forms of building contracts used in the UK and Ireland and has provided advice to central governments, local governments and contracting organisations on contractual and disputed issues.  He regularly represents parties in ADR forums, including adjudication, conciliation, mediation and arbitration. 

James is experienced in all aspects of dispute resolution and large-scale project management.  Always commercially minded, he has a reputation of grasping the key issues quickly and thoroughly and an ability to explain them to decision makers and clients alike.

He is a practising adjudicator: a member of a number of appointing body panels including the Institution of Civil Engineers, TeCSA and the ministerial panel in Ireland.
James’ experience includes acting as an Expert Witness in arbitration and litigation.  He has acted as an expert on programming and commercial matters in litigation and arbitration.

Talbot Hotel, Stillorgan, Co. Dublin

Secure your place at the early bird rate and save €100.00 – Early Bird Rate = €395.00 + VAT – (LIMITED AVAILABILITY) – 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

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The rate to attend includes parking, 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. 

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Email: bookings@cmgevents.ie

   Telephone:+353 1 2933650

Early bird rate: €395 + VAT (Full Booking Rate: €495 + VAT)

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