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

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

Date: 7th February 2019

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.

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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

Notices of Dissatisfaction – Arising Under Clause 13:

  • 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?”.

Speaker: Anthony Hussey, Senior Partner, Hussey Fraser Solicitors

Reciprocal co-operation and purposeful meaning in Public Works Contracts

  • 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?

Speaker: Eamonn Conlon, Partner, A&L Goodbody

Revised position of Bill of Quantities

  • Building and civil engineering contracts
  • Pricing Document

Speaker: Mark Wearen, Chartered Surveyor and Chartered Civil Engineering Surveyor, Staveley & Partners

Coffee break and chance to network

Money and Delay Claims under the Public Works Contract

  • 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

Speaker: John Lyden, Conciliator and Arbitrator

Revised specialist process

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

Speaker: Chris Wheeler, Partner, Construction and Energy, DWF Dublin

Q&A speaker panel session

Clauses 10.5 & 11.5 explored

  • 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

Speaker: Hugh Cummins, Partner, Philip Lee Solicitors

Sectoral Employment Order – recovering additional payments

  • Recovering these costs under PV1/PV2

Speaker: Mary Liz Mahony, Senior Associate, Infrastructure, Construction & Utilities Group, Arthur Cox

Resolving disputes under the public works contracts – what’s new?

  • 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?

Speaker: Robert Rooney, Associate, A&L Goodbody

Building contractors experience working on PWC

Q&A Session

There will be 5 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.

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.

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.

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.

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.

Chris Wheeler

Chris Wheeler

Partner, Construction and Energy, DWF Dublin

Chris is qualified as a solicitor in Ireland, in England & Wales and in Canada with 25 years’ experience primarily in construction law.

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Chris’ career has always been a combination of front end contract negotiation and back end dispute resolution. Chris has been involved in law suits or arbitrations in 15 countries. Chris’ most recent role has been as Senior Legal Counsel–UK & Ireland with AECOM, a global engineering firm of some 85,000 employees wiht operations in 141 countries.  In his 6 years at AECOM, Chris had a stint as Chief Claims Counsel for EMEA.  Prior to AECOM, Chris was a partner at Eversheds Sutherland in the Projects group for 5 years after nearly 6 years at McCann FitzGerald in its construction department. Chris has lectured extensively on construction and contract law including delivering some of the original training to local authorities on the Public Works Contracts when they were first rolled out into the market in 2006 and 2007. 

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

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Booking Rate @ €430 + 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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  • 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

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