• Covid-19 – Effects on Construction Contracts
  • Professional Indemnity Claims in construction
  • Adjudication • Notices & fair valuation of claimsAcceleration claims
  • Sub Contractor V’s Main Contractor – Contracts + Dispute Resolution
  • Conciliation – How does conciliation really work?
  • Unforeseen ground conditions

A one-day conference

 

Talbot Hotel, Stillorgan, Co. Dublin

Date: 23rd September 2020

Due to a number of requests to run a conference on both construction contracts and claims, this event will provide an excellent overview of what you need to prepare for when dealing with construction contracts and claims associated.

Contracts can be hugely complex with a range of different challenges associated with each form of contract. This conference will examine the most commonly used contracts, challenges associated with each and successful project outcomes to use for future contracts.

There will be a full line up of expert speakers on these topics covering all practical and legal elements, using case studies and real-life examples to help you fully understand all important areas.

 

Book Your Place Now

5 Structured CPD Points

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

Conference Chairperson & Opening Remarks

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?

Mel O’Reilly, Former Building Contractor

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
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
Notices and fair valuation of claims

Speaker: John Lyden– Conciliator and Arbitrator

  • 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
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
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
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
Design & Build Contracts: Roles & Responsibilities of Client and Contractor

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

  • PWC contracts
  • NEC4
  • JCT D and B contracts
  • RIAI Contract
Unforeseen ground conditions

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

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

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.

John LydenJohn Lyden

Conciliator and Arbitrator

John Lyden has worked in the construction industry since 1970. He has experience of a very wide range of building and civil engineering projects.

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He has advised parties in disputes up to €25 million and has acted as the Conciliator/Mediator or Arbitrator in disputes up to €20 million.

John Lyden 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.

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.

Talbot Hotel, Stillorgan, Co. Dublin

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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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