CMG Events

COVID 19 Site Closure
Insolvencies
Private Sector Contracts

A one-day conference

2nd December 2020

Live Virtual Event

It’s been a crazy year for all businesses including the construction sector, and this year’s conference aims to give construction professionals a better understanding of how to overcome key challenges in today’s environment, review what’s happened over the last 12 months, as well as ensuring you are as prepared as possible going into 2021.

Book your place now!

This CPD conference has become a significant calendar diary date for those in construction and related sectors, and typically sells out well in advance. On top of hearing from the very best in the industry, from engineers, barristers, solicitors, arbitrators and consultants, one of the key benefits of this conference is the extensive Q & A sessions throughout the day and the opportunity ask industry experts queries on specific issues.

Description
Conference Chairpersons & Opening Remarks Brendan Barrett, Communications Consultant and Niall Lawless, Chartered Arbitrator and Engineer, Adjudicator and Mediator
Covid-19 & Construction Contracts Speaker: Edward Quigg, Director, Quigg Golden The legal concepts of Force Majeure and Frustration Change in Law clauses and other approaches The Government’s Framework What is the real impact on; Time Costs The importance of record keeping
Private Sector Contracts + RIAI Contract Updates Speaker: Hugh Cummins, Partner, Philip Lee Solicitors New Private Sector Contract Form Background to PSC Application & Suitability Key Provisions Risk Allocation RIAI Contract Updates 2020 Edition
Payment Disputes – Prevention is better than the cure; lessons from bringing and defending payment disputes. Speaker: Stefan Berry, Associate Solicitor, Caldwell Solicitors Ensuring clarity on payment at pre-contract stage – considering contract sum calculation – payment terms Considering typical contract payment provisions – how to make them work for you and how they can trip you up. Best practice in applying for payment and making payment – maximising commercial return. What to do when things go wrong – ensuring your entitlement and salvaging relationships.
Project Communications and Public Consultation After Covid-19 Speaker: Neasa Kane Fine, Director of Project Communications at RPS Infrastructure and construction projects – communications strategies Virtual consultation tools Being accessible to stakeholders and the public in multiple formats The need for projects to be accountable and transparent when the public purse is tightened, and every activity is scrutinised to ensure value for money
A Closer Look at Termination Rights Speaker: Alison Bearpark, Partner, Ronan Daly Jermyn Termination grounds in Standard Form Contracts explained: What does lack of progress or failure to proceed diligently with the works really mean? When is a project abandoned? What are my rights of termination in common law? How to establish a right of termination? What are the consequences of termination?
Insolvency *Speaker: Niav O’Higgins, Partner, Arthur Cox* How do standard form contracts deal with ‘insolvency’ and rights of termination Insolvency and Bonds Insolvency and its impact on construction projects Steps to mitigate impacts of insolvency?
Adjudication: Practicalities and Managing the Process *Speaker:* *Damien Keogh, Principal, Damien Keogh & Associates Solicitors* Assessing the risks Preparing to Succeed Timing and Content of the Referral Managing the Process Dealing with the Decision
Offshore Construction and the Contracts / Risks in a developing market Speaker: Jamie Ritchie, Partner, LK Shields Solicitors LLP The Developing market and what’s on the horizon in terms of Irish offshore projects Nature and form of typical contracts used on offshore projects Cross-jurisdictional issues, applicable laws, permitting and foreshore licences The importance of harmonising technical schedules with the body of the contract Bespoke clauses required for managing risks Recent case law updates in offshore and subsea projects
Negotiating Letters of Appointments and Collateral Warranties – Contentious Clauses and how to Deal with Them? Speaker: Deirdre Hennessy, Byrne Wallace Letters of Appointment: Duty of Care – Fitness for Purpose Liability Periods Limitation of Liability Clauses Insurances – Is PI necessary? What level of insurance is required? Equivalent Defences clauses Copyright Assignment – what does Assignment Mean? Is consent required? How many are necessary? What are the implications for each party if the document is assigned? Collateral Warranties: What is a Warranty in legal terms, and do you have to give a Warranty? Parties – who is required to give the warranty and which parties are required to execute the document? Duty of Care – extent of the duty under the Warranty Design Risk Step In rights Insurances Assignment Liability Periods Step in Rights Effect on payments due under the underlying Contract
Panel Session The Responsibilities – when things go wrong Non-collaborative approach to risk sharing in bespoke and amended contract terms and conditions – How to increase collaboration in contract forms The need for push back against Lawyers and founders who insist on onerous clauses and obligations in letters of appointment and collateral warranty. As insurance underwriters reduce level /extent of cover and significantly increase costs Concurrent Delay Suspension Notices Contributors to include – Chris Wheeler, Partner, Construction & Energy, DWF Dublin Hugh Cummins, Partner, Philip Lee Solicitors
Conference close

Niall Lawless

Chartered Arbitrator and Engineer, Adjudicator and Mediator

Niall Lawless is a Chartered Arbitrator and Engineer, Adjudicator and Mediator, and he has been involved with resolving international commercial disputes valued in excess of US$50 million.
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Niall is a Fellow of the Chartered Institute of Building, the Chartered Institution of Building Services Engineers, the Chartered Institution of Mechanical Engineers, the Chartered Institute for Information Technology (British Computer Society) and the Chartered Institute of Arbitrators. Niall is a Chartered Institute of Arbitrators Construction Adjudication and Mediation Course Director, Tutor and Assessor. Moreover, Niall has coached gold medal international teams in a wide spectrum of dispute resolution competitions. For six years, Niall chaired the Construction Industry Council’s ADR Management Board and was responsible for leading the production of CIC ADR publications including the CIC Users’ Guide to Adjudication: Ireland. Niall and Damien Keogh have co-written Adjudication Practice and Procedure in Ireland: Construction Contracts Act 2013. He is a strong voice in the industry with articles and commentaries published on various international platforms.

Edward Quigg

Partner at Quigg Golden Solicitors

Edward is a partner in Quigg Golden Solicitors.With over 20 years’ experience in procurement, he regularly advises public sector procurement heads, recommends strategies, drafts procurement policies and tender documentation.

Edward has successfully represented public bodies, in Ireland and the UK, guiding them through the process to avoid challenges.
When challenges have occurred, he has successfully defended the procuring body, using all domestic and EU legalisation to support the position and backing this up with the relevant case law.

Hugh Cummins

Accredited Mediator, Barrister-at-Law, The Law Library

Hugh Cummins is a partner in Philip Lee, one of Ireland’s leading commercial law firms. considerable experience in a broad range of practice areas including projects and construction, energy & natural resources, Energy Performance Contracting, Local Energy Supply Contracts, procurement and alternative dispute resolution.

Hugh advises clients on the drafting, settling and procuring of the required contractual documentation on a wide range of complex, large-scale mixed use projects in Ireland both in the public and private sectors. He is also heavily involved in the areas of energy performance contracts and local energy supply contracts and regularly advises clients on the procurement, negotiation, drafting and settlement of such contracts. Hugh has experience of advising a broad range of clients across both public and private sectors in industries such as construction, healthcare, facilities management, hospitality and project management to name but a few.

Niav O’ Higgins

Partner Infrastructure, Construction & Utilities Arthur Cox

Niav heads up the Construction & Engineering team in Arthur Cox, and, having specialised in construction for almost 25 years, has extensive experience of advising on the range of issues arising on construction projects, including drafting and negotiating construction contracts and design appointments, together with all ancillary documentation.

Her experience extends to advising on all key standard forms, both Irish and international, including the GCCC suite of contracts and international forms such as FIDIC, JCT and NEC. Her familiarity with the imperatives driving contracting authorities and semi-state bodies, as well as developers, contractors and funders, enables her to provide pragmatic and tailored advice, with a focus on ensuring that key risks are appropriately managed through the construction documentation. She also advises on efficient contract administration and the management of issues arising during the construction process, as well as providing timely and solution driven advice on dispute resolution.

Damien Keogh

Principal, Damien Keogh & Associates Solicitors

Damien is one of Ireland’s leading construction lawyers with vast experience in all aspects of dispute resolution including in litigation, arbitration, conciliation, mediation and adjudication

Damien was one of the authors of the CIC User Guide to Adjudication in Ireland and is also the co-author of a forthcoming textbook on Adjudication Practice and Procedure in Ireland due to be published later this year by Routledge Press. Damien is going to tell us about what the experience has been with adjudication as a dispute resolution mechanism since the introduction of statutory adjudication under the Construction Contracts Act 2013, which was introduced into Irish law in July 2016.

Jamie Ritchie

Partner, LK Shields Solicitors LLP

Jamie Ritchie is a key member of the Projects and Construction team at LK Shields where he advises clients across a multitude of sectors on their infrastructure, construction, energy and commercial legal requirements.

He is noted by clients for ‘quickly becoming a go-to lawyer in Dublin for contentious and non-contentious construction issues’ and is further described as having a ‘thorough understanding of construction contracts’ where ‘his knowledge and expertise shines through when he is working on transactions’ (Legal 500 2020). Having acted in multiple offshore projects in locations ranging from the Atlantic Ocean, Irish Sea, St. George’s Channel to the West of Africa, Jamie is extremely well placed to speak to the legal complexities of offshore project delivery and risk management.

Deirdre Hennessy

Senior Associate, Byrne Wallace

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

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 and legal consultants to name just a few.

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.

SAVE BY BOOKING THE EARLY BIRD RATE TODAY

Early Bird Rate 2 – €435+vat per person

Normal Rate @ €495 + VAT.

Please note the early bird discount can close sooner than expected once a certain number of places are sold, therefore your prompt booking is strongly advised to avoid disappointment

CMG Events Conference Discount

10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

You will receive the speakers PowerPoint presentations within 24 hours after the event.

Email: bookings@cmgevents.ie

Telephone:+353 1 2933650

Booking rate: €435.00 + VAT

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Payment for attendance is due within seven days from the date of invoice. This booking is transferable and a substitute attendee may attend on your behalf at no additional cost if you cannot attend. Cancellation of a booking must be received by CMG in writing by email or by post, no later than 14 days prior to the event or course date. Regrettably no cancelations or refunds can be made after this date. Cancellations will be charged an administration fee of 25% plus VAT.

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Irish Construction Law Conference 2020