• Which Party Bears the Costs of COVID 19 Site Closure?
  • Preparing & Defending Construction Claims
  • Sub Contractor V’s Main Contractor – Contracts + Dispute Resolution 

A one-day conference

 

THIS IS A FULLY VIRTUAL EVENT

Date: 23rd September 2020

As you are aware the recent Covid pandemic is causing a barrage of problems for construction companies and building sites around the country. Firstly, is the cash-straining shutdown itself. Secondly is the lengthy negotiations over social distancing on crowded sites. And third is the prospect and rumours of much less investment in the coming years.

With those points in mind the “Construction Contracts & Claims Management Conference” could not have come at a better time. The days agenda will look at Covid-19 effects on Construction contracts and what can be expected over the next 12/18 months as a knock-on effect of the pandemic

 

Book Your Place Now

This conference will be of great interest to all in the built environments both public and private sector including; contractors, engineers, local authorities, government departments, quantity surveyors, project managers, suppliers, manufacturers, semi-state agencies.

 

Full Day Programme 8.50am to 4.30pm

9.15

Conference Chairpersons & Opening Remarks

Mel O’Reilly, Former Building Contractor

James Golden, Director, Quigg Golden

Covid-19 – Effects on Construction Contracts

  • Which party bears the costs of COVID 19 site closure?
  • How to apply for preliminary costs for period of closure on Public Works Contracts?
  • What costs are recoverable?
  • Is COVID 19 closure a suspension of the works?
  • Does “force majeure” in private sector contracts encompass COVID 19?

5min Q&A

9.45 Preparing & Defending Construction Contract Claims – Including Covid Related Claims

Speaker: Billy Morrissey, Chartered Civil Engineer, LLM in Construction Law and Arbitration; Conciliator, Adjudicator & Project Manager

  • Have You come across the 6 Main Causes of Claims and Disputes?
  • The 4 Essential Pillars in Making a Successful Claim
  • Here’s what to Take into Account when Responding to a Claim
  • What Adjudicators and Conciliators should consider when Deciding on Claims?
  • Warning! A Tsunami of Covid -19 related Claims? Moving beyond the rhetoric

5min Q&A

10.15 10.15am – Notices and fair valuation of claims

Speaker: Conor Owens, Partner and Head of Construction & Engineering group, A&L Goodbody

  • Clause 10 of Public Works Contract
  • Notice requirements
  • Monthly updates
  • ER Determinations
  • Reference to conciliation
  • Fair valuation of claims
  • Global claims

Acceleration claims

  • Directed acceleration
  • Constructive acceleration
  • Acceleration as damages for breach of contract
  • Can acceleration re recovered under the Public Works Contract

Group Q&A

11.00 Tea/Coffee Break 
11.15 Sub-Contractor V’s Main Contractor – Contracts + Dispute Resolution

Speaker: Keith Kelliher, Quantity Surveyor, Accredited Mediator, Accredited Adjudicator, Kelliher & Associates Quantity Surveyors

  • Having a Contract / Signing the Contract / Raising Objection
  • Payment Provisions (Payment Claim Notices v Interim Valuations, Dates)
  • Dealing with Payment Response or No Response
  • Agreed Records / old school paperwork
  • Communication
  • Issuing Notices
  • Records, Records, Records
  • Avoiding Disputes / Early Intervention
  • Getting an answer…. Adjudication or Conciliation

5min Q&A

11.45 Concerns for funders on development financings’

Speaker: Siobhan Kearney, Associate, A&L Goodbody

  • Development finance structure
  • Security package (Property, Bank Accounts, Material Contracts)
  • Step-in rights
  • Lender specific insurance requirements
  • Development undertakings and events of default
  • The role of the Project Monitor
  • Typical development condition precedents to funding

5min Q&A

12.15 Conciliation – How does conciliation really work – the current trends and issues?

Speaker: Denise Kennedy, Construction Consultant, Ronan Daly Jermyn

  • Optimising success in Conciliation
  • Top tips for claimants and respondents
  • How to prepare
  • Typical issues to be aware of
  • Current trends in conciliation

 Group Q&A

1.00 Lunch 
1.30 Design & Build Contracts: Roles & Responsibilities of Client and Contractor

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

  • PWC contracts
  • NEC ECC
  • JCT D and B contracts
  • RIAI Contract

5min Q&A

2.00 Unforeseen ground conditions

Dealing with Delay; The Do’s and Don’ts

Speaker: Martin Cooney, Partner, ByrneWallace

  • Common law position
  • Site inspection clauses
  • Does employer have to disclose information re ground conditions
  • Misrepresentation
  • Claims under Public Works Contract

5min Q&A

2.30 Adjudication – How to run one from start to finish

Speaker: William Brown, Senior Associate, Quigg Golden

  • Identifying when a dispute has crystallised and when to make the decision to adjudicate
  • Drafting a valid and effective notice of adjudication
  • Appointing an adjudicator
  • Dealing with challenges to the adjudicator’s jurisdiction
  • Preparing a referral notice and dealing with the responding party
  • Enforcing the adjudicator’s decision if the responding party fail to comply with it
  • Success/failure of the implementation of findings of adjudications – parties abiding or not to the findings of the adjudicator
3.00 Group Q&A
3.15 Conference Close 

There will be CPD certificates awarded to attendees at this conference. Please check directly with your association or awarding body to see how many points they will award

Chris WheelerChris Wheeler

Partner, DWF (Dublin)

Chris’ projects-related expertise spans the full life cycle of projects from procurement and contract negotiation and risk analysis to mid-project advice to post-project disputes.

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Chris has spent the last six years prior to recently joining DWF in a senior in-house role at a global engineering firm. He developed deep experience across many sectors including Water, Rail, Multi-use Development, PPP infrastructure, Energy, Airports, Technology Hubs, and Environmental. Chris oversaw litigation in over a dozen countries and has advocated in mediations, adjudications and arbitrations on many files

Chris brings his broad in-house exposure to projects in some 30 countries, M & A transactions, Irish leases, Employment law, Data Privacy and Corporate governance into cross-selling opportunities across the DWF offerings and offices. Chris is Canadian and worked for seven years there in commercial and construction litigation with an early specialism in insurance defence work. He was a partner in the projects group at Eversheds Sutherland for 4.5 years.

Martin Cooney

Martin Cooney

Partner & Head of Construction at ByrneWallace.

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.

William BrownWilliam Brown

Senior Associate, Quigg Golden

William Brown is a Senior Associate at Quigg Golden, a leading construction and procurement law firm with offices in Dublin, London and Belfast.
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William specialises in construction law and regularly provides practical legal advice to a wide range of clients including public sector bodies, main contractors and suppliers.

William is regularly invited to speak at construction and procurement conferences throughout Ireland and the UK. William is also a lecturer in construction law and dispute resolution at Queen’s University Belfast.

Denise KennedyDenise Kennedy

Construction Consultant, Ronan Daly Jermyn

Denise is a chartered engineer with over 22 years’ experience working in the Irish construction industry.

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She is a former Technical Director with a leading international firm of Consulting Engineers where she was Project Director and lead technical advisor on numerous Design Build and PPP Projects, playing a key role in the delivery of technical advisory and design services to clients in the educational, healthcare, residential, industrial, civic, leisure and commercial sectors.

Denise holds a LLM in Construction Law, Arbitration and Adjudication and is a certified mediator. Denise acts for parties involved in dispute resolution processes under numerous forms of contract including amended RIAI, GCCC PWC’s and bespoke contracts.

Mel O'ReillyMel O’Reilly

Former Building Contractor

Mel O’Reilly, since his retirement from main contracting, provides construction management services to private clients.
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He studied in DIT Bolton Street and Trinity College Dublin and has more than 45 years’ experience in the Irish construction industry. He started in the family contracting business in 1974 and joined MDY Construction in 1992, progressing through various management roles to Managing Director. The company, one of Ireland’s top 25 contractors for many years, delivered a diverse range of public and private projects across all sectors of the industry – public and private residential developments; commercial, industrial, and educational facilities; healthcare; sports and leisure; food production; waste treatment; and refurbishment works., etc

He has been heavily involved in broader industry issues as a member of the Construction Industry Federation (CIF) Executive and President of Master Builders & Contractors Association (MBCA) – engaged with government departments and professional bodies on tendering and contracts, registration of builders (CIRI), and the development of the Building Control Regulations and associated procedures. In retirement, he provides professional training, private consultancy, and continues to participate in industry associations.

Siobhan KearneySiobhan Kearney

Associate, A&L Goodbody

Siobhan is an associate in the Construction & Engineering group at A&L Goodbody.

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Siobhan specialises in the area of construction, development and project finance. Siobhan has experience in acting for developers, financial institutions and sponsors in relation to the acquisition, development and financing of a number of significant commercial and mixed-use developments in Ireland. Siobhan also has experience in construction and project finance within the energy sector.

Keith KelliherKeith Kelliher

Owner, Kelliher and Associates Quantity Surveyors

Keith is a Chartered Quantity Surveyor by profession who specializes in construction and commercial dispute resolution.

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Keith is the immediate past Chair of the CIArb Ireland Branch having previously held the positions of Vice Chair, PRO, Education and Training officer and Chair of the YMG. Keith also sat on the executive council of the Mediators Institute of Ireland between 2016 and 2019.

Keith has advocated for parties in construction disputes for many years and most recently he has represented parties in 29 adjudication cases in Ireland. He has extensive experience of the adjudication process and wider construction industry across all suits of contracts. Keith’s construction experience crosses motorway construction, marine works, railway and light rail projects, churches, schools, commercial and domestic apartments and housing developments.

Keith is an active trainer in ADR and is the current CIArb Regional Pathway Leader for Mediation and Adjudication in Ireland. A member of the Approved Faculty List, Keith has tutored in the areas of Arbitration, Mediation and Adjudication for the CIArb, the Law Society of Ireland and with the Construction Industry Federation and to various other private bodies. Keith has recently been appointed to the Education and Membership standing committee of the Chartered Institute of Arbitrators worldwide.

Keith has also acted and provided advice as an expert witness and regularly advises in respect to Construction Contract Issues. In recent months Keith has been appointed as Mediator in a £1 million construction dispute between a contractor and a local authority in Belfast and a €5 million dispute between a contractor and a health board in the south of Ireland.

Billy MorrisseyBilly Morrissey

Chartered Civil Engineer, LLM in Construction Law and Arbitration; Conciliator, Adjudicator & Project Manager

Billy is an Adjudicator and Conciliator, accredited by the Chartered Institute of Arbitrators to determine payment disputes under the Construction Contracts Act 2013 (Statutory Adjudication based on a Notice of Intention and Referral).

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He is also a Member of the Irish Branch’s Panel of Adjudicators having a CIArb Diploma in Adjudication. Centrally based in Tipperary, and from Project ADR offices in Dublin and Cork, he is regularly chosen for Adjudication and Standing Conciliator appointments. An Adjudicator and Conciliator accredited by the Chartered Institute of Arbitrators to determine payment disputes under the Construction Contracts Act 2013 (Statutory Adjudication based on a Notice of Intention and Referral). He is also a Member of the Irish Branch’s Panel of Adjudicators having a CIArb Diploma in Adjudication. Centrally based in Tipperary, and from Project ADR offices in Dublin and Cork, he is regularly chosen for Adjudication and Standing Conciliator appointments.

Conor OwensConor Owens

Partner and Head of Construction & Engineering group, A&L Goodbody

Conor Owens is a partner and Head of A&L Goodbody’s Construction & Engineering group.

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Conor has over 15 years’ experience advising on construction law and construction related litigation / arbitration / mediation / adjudication; procurement contracts and disputes, contract negotiation and drafting; strategic mid-stream advice; insurance coverage disputes; negligence claims; bond claims; general construction claims; litigation; alternative dispute resolution; product liability. His clients include contractors, sub-contractors, public authorities, private owners, sponsors, funders and designers. On the non-contentious side Conor advises contractors, sponsors, developers, funders and designers.

James GoldenJames Golden

Director at Quigg Golden

James Golden is a director at Quigg Golden, a leading construction and procurement law firm with offices in Dublin, London and Belfast.

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James has over 30 years’ experience working with major consultants and contractors throughout the UK and Ireland. He has extremely strong practical and theoretical knowledge on all the standard forms of building contracts used in the UK and Ireland and has provided advice to central governments, local governments and contracting organisations on contractual and disputed issues. He regularly represents parties in ADR forums, including adjudication, conciliation, mediation and arbitration.

James is experienced in all aspects of dispute resolution and large-scale project management. Always commercially minded, he has a reputation of grasping the key issues quickly and thoroughly and an ability to explain them to decision makers and clients alike.

James is a practising adjudicator: a member of a number of appointing body panels in the UK and Ireland, including Engineers Ireland, TeCSA, the Institution of Civil Engineers and the ministerial panel in Ireland. He is also on Engineer Ireland’s Register of Conciliators and Mediators.

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