Conference Chairperson & Opening Remarks

Martin Cooney, Partner and Head of the Byrne Wallace LLP Construction Law Team

Valuing Claims Using 10.6.1 – 10.6.4

Speaker: Gerry O'Sullivan, Chartered Quantity Surveyor, Barrister-at-Law & legal consultant with Mulcahy McDonagh & Partners (MMP)

• Valuation of varied works
• Rules of Valuation-case law
• Contractual basis for Rates in the Pricing Document
• Fair Valuation as defined in PWC
• Preliminaries
• Overhead and profit
• Variations of claims under Schedule Part 1 K 17 -Pricing document error
• Cost basis under 10.6.4
• Effect of ERs conclusive direction to value under 10.6.4
• Valuing variations to “Named Specialist’s “ work
• What is Delay cost under 10.7?

Construction Contract Act - “Smash and Grab” Adjudications

Speaker: William Brown, Director, Fortfield and Brown

• What is a “smash and grab” adjudication?
• Using this tactic offensively, and defending against it

Key Considerations When Terminating Construction Contracts

Speaker: Kevin Harnett, Partner and The Head of The Construction Team, Hayes Solicitors

• Alternatives to Termination: Exploring Viable Solutions
• Legal Rights and Obligations in Contract Termination
• Contractual Procedures and Documentation Prior to Termination

Performance Bond Claims

Speaker: Shane O'Connor, Partner, RDJ

• What is a performance bond?
• What is a surety bond claim?
• Who can file a claim against a performance bond?
• What causes performance bond claims?
• How to handle a performance bond claim

Contract Interpretation: How Courts Resolve Ambiguities in Contract Documents

Speaker: Chris Wheeler, Senior Fixed Share Partner, Construction and Energy, DWF (Ireland) LLP

Standard Forms of Contracts – Focusing on Key Conditions and Clauses

Speaker: Jamie McGee, Partner, McCann FitzGerald LLP

• Delays, damages disruption and notification methods
• Timings for compliance
• Time and cost recovery
• Quantifying costs and what is permissible under the contracts

Prolongation Claims

Speaker: Alan Brady, Barrister at Law, The Law Library

• What are prolongation costs?
• Key case law relating to prolongation costs and their recovery
• What do the standard forms provide for in respect of prolongation costs?
• Things to think about re key types of “prolongation” costs:
  • Increased preliminaries or site overheads
  • Labour, plant, equipment and subcontractor costs
  • Increased off-site costs

Disruptions Caused by Clients -De-mobilisation of Subcontractors

Speaker: Nuala Maguire, Of Counsel in the Construction & Projects Team at Eversheds Sutherland

Concurrent Delays in Construction Projects

Speaker: David Moreland, BEng CEng, Chartered Engineer

• Extension of time
• Damages for delay

Recovering for Omitted Work

Speaker: Robert Rooney, Partner, Mason Hayes and Curran

• Can the Employer simply omit this element of the works and then place an order with another contractor, or can I reject the instruction?
• Am I entitled to claim for Loss of Profit where work is omitted?
• What do I have to reasonably provide to recover profit where work is omitted?
• When can I claim the loss of profit for omissions to contract works?
• Does the amount of variations affect if I can claim for loss of overhead and profit when work is omitted?

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