Public Works Contracts Conference 2018

Contract Administration Essentials ● Clause 10.6 ● Disputes ● How to Avoid Claims & Early Dispute Resolution

A one-day conference

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

Date: 13th February 2020

The Public Works Contracts have been in use for over 10 years, yet the same issues keep arising. There have been multiple amendments to the Public Works Contract recently, these dealing with the revised position on the Bill of Quantities, specialist process, dispute resolution and the contentious topic of tender award criteria.

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This conference aims to examine in comprehensive detail these changes and the areas of importance all involved need to be aware of when entering into future projects. It is also a great opportunity for attendees to engage with experts and challenge their views ensuring you get the most out of this event.

This is a must attend event for any professional involved in public projects and the legalities involved.

This conference is relevant to contractors, sub-contractors, quantity surveyors, engineers, contracts managers, project managers, county councils, government departments, semi-state agencies 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

Chair and Opening Remarks

Martin Cooney, Partner and Head of the ByrneWallace Construction Law team

  • Clauses 10.5 and 11.5
  • Reciprocal co-operation and purposeful meaning
  • SEO – Recovering Additional payments.

9.00

PVC Clauses and application of PWC Contracts.

Speaker: Lisa Maloney, Associate Solicitor in the Byrne Wallace Construction, Projects and Procurement Team.

  • What is a Price Variation Clause?
  • Adjustment to the Contract Sum in PWC contracts
  • PV1 – Operation and meaning of PV1 and what is required to claim under PV1
  • PV2 – Operation and meaning of PV1 and what is required to claim under PV2

9.40

Money and delay claims under the Public Works Contract

Speaker: John Lyden– Conciliator and Arbitrator

  • Cause and effect – importance of records
  • Notice requirements under the PWC
  • When does notice of claims have to be given and who has to give it?
  • Claim particulars and back-up documents required to vouch claims
  • Fair valuation of variations and delay costs under the PWC
  • Concurrent employer/contractor delays – effect on time and money
  • Fair and reasonable extension of time
  • Judicial attitudes to complex critical path analysis

10.20

Revised Specialist Process

Speaker: Gerard O Sullivan FRICS FCSCI FCIArb

  • Reserved and Novated Specialist Process explained
  • When is the process required?
  • Issues for the Employer /Design team
  • Issues for the Main Contractor
  • Issues for the Novated or Reserved Specialist

11.00

Coffee Break

11.30

Applying Clause 10.6 – the Practicalities of Valuing Compensation Events

Speaker: Mark Wearen, Director, Staveley & Partners

  • Application of the Valuation Rules
  • Role of the BOQ/Pricing Document
  • Composition of unit rates
  • Fair Valuation
  • Utilising 10.6.4 rates

12.00

The latest experiences on disputes under the public works contracts

Speaker: Robert Rooney, Associate, A&L Goodbody

  • Negotiating & Resolving Disputes
  • Subject Boards & Standing Conciliator
  • Notice of Dissatisfaction

12.30

Conciliation – Standing Conciliator – Adjudication

Speaker: John Costello, Costello Surveyors

  • Conciliation
  • Project board
  • Adjudication

1.00

Q&A session

1.10

Lunch and chance to network

2.00

Contractual Claims and Mid-Project Risk Management

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

  • Contractual Agreements and Variations
  • Communications Protocol
  • Pro Forma Notices Agreed Day One
  • Collaborative Approach to Project Management within PWC Framework.
  • “Stockpile or Set them Free”

2.40

Claims Avoidance under PWC Contracts

Speaker: Deirdre Hennessy, Senior Associate Solicitor in the Byrne Wallace Construction, Projects and Procurement Team.

  • Claims Resolution Process within PWC and the CCA
  • Records aid avoidance as much as assist “winning”
  • How the SCL Protocol Principles aid resolution
  • Core Principles and practical methods for avoiding claims.

3.20

Panel Discussion- Topics to be covered include;

  • Compiling Programmes & Programme Contingency in PWC’s
  • Pre-Qualification Questionnaires for Contractors
  • Employers Contracts of employment for consultants

4.00

Q&A session

4.10

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

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.

Mark Wearen

Mark Wearen

Chartered Surveyor and Chartered Civil Engineering Surveyor, Staveley & Partners

Mark is a Chartered Surveyor and Chartered Civil Engineering Surveyor with 30 years’ experience working in cost management and quantity surveying on a range of building and engineering projects.

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He has worked for both Contractors and Employers in equal measure with experience of both public and private sector projects carried out under the full range of procurement routes. He holds a Post Graduate Diploma in Construction Law and Administration and a Masters’ Degree (MSc) with Distinction in Construction Law and Practice. Mark is a Director of Staveley and Partners and whilst he provides Cost management and Estimating consultancy, Contractual Advice and Risk Management and Quantification, the bulk of his practice concerns the provision of commercial and contractual advice and expert witness services to public and private sector Clients involved in contract administration, disputes avoidance and resolution.

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.

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. 

Gerry O'Sullivan

Gerry O’Sullivan

Gerry O’Sullivan, Chartered Quantity Surveyor, Barrister-at-Law and legal consultant with leading QS and Project Management practice, Mulcahy McDonagh & Partners(MMP)

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

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Working with MMP since 1989, he has served on many professional committees within the Construction Industry and is Vice Chairman of the Society of Chartered Surveyors’ Dispute Resolutions Committee. Gerry is the current chairman of the Construction Liaison 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 for the Society of Chartered Surveyors Ireland, the CIF and Chartered Institute of Arbitrators, and is an accomplished author.

Mark Wearen

Lisa Maloney

Associate, Byrne Wallace

Lisa is a solicitor in the ByrneWallace Construction Law Team.

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Lisa advises clients on all aspects of construction law (both contentious and non-contentious). She advises on standard form contracts including RIAI, NEC, JCT, FIDIC, IEI and Public Works. Lisa also advises on bespoke construction contracts including sub-contracts, consultant appointments and collateral warranties and bonds.
Lisa has expertise on the various forms of dispute resolution and advises clients on construction claims during the contractual process. She has represented employers, contractors and consultants in mediation, conciliation, adjudication and arbitration. Lisa is also experienced in litigation and has represented clients at all court levels, including the Commercial Court.

John Costello

John Costello

Costello Surveyors

John Costello is a chartered quantity surveyor; he is a specialist in dispute avoidance and resolution.

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He is a principal of Costello Surveyors, a fellow of both the Society of Chartered Surveyors Ireland and the Chartered Institute of Arbitrators. His CV also includes the SCSI Panel of Mediators and Conciliators for construction related disputes and Panel of Independent Experts for Construction Related Disputes.

Deirdre Hennessy

Deirdre Hennessy

ByrneWallace

Deirdre is a Senior Associate in the ByrneWallace Construction Law team.

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She specialises in advising on the contentious and dispute resolution side of construction law but equally advises on non-contentious matters, including all the main contract forms. Acting for all types of clients including main contractors, sub-contractors, employers and designers and public bodies she has gained extensive experience advising on a wide range of specialist construction matters including representing clients in Court as well as at Mediation, Conciliation, Adjudication and Arbitration. Adopting a hands on and practical approach, Deirdre also advises on all stages of a construction contract in relation to the respective liabilities of the parties.

Martin Cooney

Martin Cooney

Partner and Head of the ByrneWallace Construction Law team

Martin is a Partner and Head of Construction at ByrneWallace. Prior to joining ByrneWallace, Martin was a partner with Smyth & Son solicitors in Drogheda.

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He has also worked as an in-house solicitor with the National Asset Management Agency where he was a member of the residential development and loan sales teams. He originally trained and worked as an Associate in the Construction and Engineering department of Arthur Cox.

He advises on all aspects of construction law including both contentious and non-contentious matters. He has wide ranging experience advising on standard form contracts (including RIAI, Public Works, NEC and FIDIC) as well as negotiating and drafting bespoke contracts, professional appointments and ancillary contracts. Martin has expertise in various forms of dispute resolution having represented employers, consultants and contractors in mediations, conciliations, adjudications, expert determinations and arbitration. He is also experienced in traditional litigation having represented clients at all court levels, particularly in the Commercial Court. He holds an M.Sc. in Construction Law and Dispute Resolution from King’s College, London and is a Member of the Chartered Institute of Arbitrators.

Martin lectures and tutors on the Law Society’s Diploma in Construction Law, on the European Law and Negotiation Skills modules on the Law Society’s Professional Practice Course, and is a member and former Chair of the Law Society’s EU & International Affairs Committee. He is also a member of the Society of Construction Law’s Astra Committee in Ireland.

Royal Marine Hotel, Dun Laoghaire, Co. Dublin

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Early bird 2 – €435+vat – (LIMITED AVAILABILITY) – Normal rate €495.00 + VAT

Please note the early bird discount can close sooner than expected once a certain number 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 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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   Telephone:+353 1 2933650

Early bird 2 - €435+vat - Normal rate €495.00 + VAT

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