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.

This event typically sells out quickly, so prompt booking is strongly advised to secure your place at the early bird rate 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!

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.

Full Day Programme 8.50am to 4.30pm

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

  • General Overview of PWC Contract

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

  • Recovering these costs under PV1/PV2

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?

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

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

Programme management – who owns the float?
Speaker: Conor Owens, A&L Goodbody

Problems arising from PWC in practice – how the parties are using or abusing it and the inevitable consequences
Speaker: Denis O’Driscoll, Denis O’Driscoll & Associates

  • How PWC deals with insolvency of a party
  • Collateral warranties and Bonds under PWC
  • Dispute Resolution – CCA 2013 and adjudication
  • The role of conciliation following the introduction of the CCA 2013

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

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

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

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?

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?

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

John Lyden

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.

Talbot Hotel (Formerly Stillorgan Park Hotel)

SAVE 100.00 EURO BY BOOKING THE EARLY BIRD RATE OF €395 + VAT per Person – (Closing Friday 23rd February) 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

  • 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

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