Public Works Contracts Conference 2018 Recent Changes Examined:

  • Notices of dissatisfaction arising under clause 13
  • Sectoral employment order – recovering additional Payment
  • Revised Bill of Quantities
  • The revised specialist process
  • New tender award criteria
  • Revised dispute resolution process

A one-day conference

Talbot Hotel, Stillorgan, Co. Dublin

Date: 26th April 2018

There have been major amendments to the Public Works Contracts, such as a revised position of the Bill of Quantities, the revised specialist process, new tender award criteria and a revised dispute resolution process. These changes are important to all working on Public Works contracts and this conference will examine recent changes in detail and important areas you need to note for future projects.

Book your place now!

It’s important for all companies contending for government projects to understand the Public Works Contract. There are several clauses incorporated within these contracts that continuously bring about problems and disputes. The following clauses will be examined in detail (Clause 4: Management, Clause 9: Time & Completion, Clause 10: Claims & Adjustments, and Clause 11: Payment) to name just a few. Other topical areas to be discussed include; Notices of dissatisfaction arising under clause 13 / sectoral employment order – recovering additional payment etc.

This conference is relevant to contractors, sub-contractors, quantity surveyors, engineers, contracts managers, project managers, and anyone looking to gain a greater understanding of the Public Works Contracts, as well as those who wish to learn about recent amendments.

Time

Description

8.15

Registration with tea, coffee and pastries

8.50

Conference Chairperson & Opening Remarks
Gerry O’Sullivan, Barrister, Mulcahy McDonagh & Partners

  • General Overview of PWC Contract

9.00

Notices of Dissatisfaction – Arising Under Clause 13:
Speaker: Anthony Hussey, Senior Partner, Hussey Fraser Solicitors

  • How is Notice of Dissatisfaction to be served?
  • What is the effect of it not being served with clause 13.2.9?
  • What is the effect of it not being served in accordance with clause 4.14?
  • What are the ramifications of the judgment in Bam Building Ltd v UCD Property Development Company Ltd [2016] IEHC 582?
  • Will any dispute on the conciliator’s jurisdiction frustrate the Claimant’s entitlement to be paid on foot of the conciliator’s decision?
  • Would a Claimant be better advised to seek adjudication rather than conciliation in view of the judgment in BAM v UCD?”.

9.40

Reciprocal co-operation and purposeful meaning in Public Works Contracts
Speaker: Eamonn Conlon, Partner, A&L Goodbody

  • Supporting reciprocal co-operation (clause 4.1)
  • Co-operation, non-prevention, good faith as sources of liability
  • A spirit of trust and co-operation (NEC4 clause 10.2)
  • Consulting and communicating without prejudice (clause 4.1)
  • Purposeful meaning of the contract (clause 1.2.1).  The contract purposes: efficiency and public benefit
  • Purposeful review of submissions (clause 4.7) and purposeful interpretation of communications (clause 4.14)
  • Framework agreements – How & Why
  • BIM & PWC – What to expect over the next few years?

10.20

Revised position of Bill of Quantities
Speaker: Mark Wearen, Chartered Surveyor and Chartered Civil Engineering Surveyor, Staveley & Partners

  • Building and civil engineering contracts
  • Pricing Document

11.00

Coffee break and chance to network

11.30

Money and Delay Claims under the Public Works Contract
Speaker: John Lyden, Conciliator and Arbitrator

  • Clause 10.3.1 NOTICES and time bars
  • Delay claims
  • Concurrent delays and clause 10.7.2
  • Clause 10.6.3 fair valuation
  • Clause 10.7 delay costs
  • Clause 10.9 employer claims

12.15

Revised specialist process
Speaker: Chris Wheeler, Legal Department, AECOM

  • CIF NN sub-contract for use with PWC – Pitfalls discussed

1.00

Q+A Session

1.15

Lunch and chance to network

2.00

Clauses 10.5 & 11.5 explored
Speaker: Hugh Cummins, Partner, Philip Lee Solicitors

  • 10.5 Consequences of an Employer’s Representative’s determination
  • 11.5 The Final Statement – the finality of the contractor’s last application for payment

2.40

Sectoral Employment Order – recovering additional payments
Speaker: Mary Liz Mahony, Senior Associate, Infrastructure, Construction & Utilities Group, Arthur Cox

  • Recovering these costs under PV1/PV2

3.20

Resolving disputes under the public works contracts  – what’s new?
Speaker: Robert Rooney, Associate, A&L Goodbody

  • More than just conciliation and arbitration
  • Adjudication and the Construction Contracts Act
  • Completing the schedule
  • The role of the standing conciliator and do I need one?
  • What is the project board?
  • Which dispute resolution procedure applies in what circumstance?

4.00

Q+A Session

4.15

Conference Close

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

Gerry O’Sullivan

Gerry O’Sullivan

Barrister, Mulcahy McDonagh & Partners

Gerry is a highly experienced expert in construction law, & has extensive experience having worked on large & high profile educational, healthcare, commercial, residential & infrastructural projects.

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Working with Mulcahy McDonagh & Partners (MMP) since 2000, he has served on many professional committees within the Construction Industry, and is Chairperson of the Society of Chartered Surveyors’ Dispute Resolutions Committee as well as Vice Chairman of the Society of Chartered Surveyors Dispute Resolutions Standing Committee. He is currently on the panel of conciliators/arbitrators/adjudicators for the Society of Chartered Surveyors Ireland, the CIF and Chartered Institute of Arbitrators, is a member of the Ministers Panel of Adjudicators, and is an accomplished author.

Anthony Hussey

Anthony Hussey

Senior Partner, Hussey Fraser Solicitors

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

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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.

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.

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.

Hugh Cummins

Hugh Cummins

Partner, Philip Lee Solicitors

Hugh Cummins is a partner in Philip Lee, one of Ireland’s leading commercial law firms.

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Hugh has considerable experience in a broad range of practice areas including projects and construction, energy & natural resources, Energy Performance Contracting, Local Energy Supply Contracts, procurement and alternative dispute resolution. Hugh advises clients on the drafting, settling and procuring of the required contractual documentation on a wide range of complex, large-scale mixed use projects in Ireland both in the public and private sectors. He is also heavily involved in the areas of energy performance contracts and local energy supply contracts and regularly advises clients on the procurement, negotiation, drafting and settlement of such contracts. Hugh has experience of advising a broad range of clients across both public and private sectors in industries such as construction, healthcare, facilities management, hospitality and project management to name but a few.

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.

Mary Liz Mahony

Mary Liz Mahony

Senior Associate, Infrastructure, Construction & Utilities Group, Arthur Cox

Mary Liz is a senior associate in the Infrastructure, Construction & Utilities Group at Arthur Cox acting on both contentious and non-contentious construction and engineering law matters in the public and private sectors.

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She advises contracting authorities, employers, contractors, sub-contractors and consultants and has experience advising across a range of sectors and a variety of standard form contracts (including PWC, NEC, JCT, FIDIC and RIAI). She has also advised in relation to both High Court and Commercial Court proceedings and has been involved in a number of successful multi-party mediations.

Talbot Hotel (Formerly Stillorgan Park Hotel)

Booking Rate @ €450 + 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 buffet lunch. You will receive the speakers PowerPoint presentations within 24 hours after the event. 

 Tel: 01 293 4764

Email: bookings@cmgevents.ie

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