Conference Chairperson & Opening Remarks

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

The Competition (Amendment) Bill

• Bid-rigging
• Stiffened “dawn raid” powers
• New civil investigation regime allowing more serious investigation / enforcement
• Construction industry competition activities in the UK worth reflecting upon

Alan McCarthy, Partner, A&L Goodbody LLP

Recovery of cost increases from increased inflation

• Government initiatives to deal with inflation in public works contracts
• New approaches to inflation in the private sector
• Subcontractor and tender risk

Robert Rooney, Senior Associate, Mason Hayes and Curran

Required Information in a Successful Claim or Defence

• Parties identifying contractual entitlements
• Factual evidence
• Identification of key staff
• Writing a narrative
• Clear presentation
• Suitable use of appendices

John Lyden– Conciliator and Arbitrator

Contracts - Suspension and termination provisions

• Contingencies for a possible recession - What can be put into contracts now?

William Brown, Director, Civil Engineer, Solicitor, Fortfield & Brown

Professional Indemnity Cover, Project Security and Collateral Warranties

Lisa Maloney, Associate Solicitor, Byrne Wallace Construction, Projects and Procurement Team.

Challenging an Adjudicators Decision

• A brief overview of the binding (in the interim) nature of an adjudicator’s determination
• Circumstances in which a decision may be challenged:
• Lack of jurisdiction
• Breach of natural justice
• Can an error in law lead to a successful challenge of an adjudicator’s determination?
• How have the Irish courts approached enforcement applications to date?

Fiona Egan, Senior Associate in the construction team at Arthur Cox

Bonds in Construction

• Evolution of Bonds Market
• Types of Bonds
• Purpose and Scope
• Impact of Caselaw & the Future

Hugh Cummins, Partner, Philip Lee

Civil Liability Acts and concurrent wrongdoers

• Overview of the Act
• What is a Concurrent Wrongdoer?
• Key Issues where there are Multiple Defendants
• Recent case law

Deirdre Hennessy, Senior Associate Solicitor, Byrne Wallace Construction, Projects and Procurement Team.

Contracting alternatives – Frameworks, Partnering Arrangements

• Private Sector vs Public Sector
• Consortiums and Joint Ventures
• Quasi Partnering Arrangements (eg. Development Agreements and EPCM / EPCI arrangements)
• Consideration: Bespoke payment, equity arrangements and performance milestones
• Allocation of risk and issues to consider

‍Jamie Ritchie, LK Shields

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