Construction Contracts: Hints, Tips and Solution-Focused Answers

Tue 4 December 2018

The Gibson Hotel Point Square Dublin

Answers to 11 Thorny Questions: Directly from 8 of Ireland’s Sharpest Lawyers and Surveyors

5 hrs CPD

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  1. Registration and coffee

  2. Chair's Introduction

    Construction contracts: Hints, tips and solution-focused answers

    Chaired by: Kevin Kelly of McCann FitzGerald

    Kevin is "a real problem solver." "He is exceptionally well informed." He advised LinkedIn on a 17,000sq meter office block construction in a congested urban area.

  3. Caps on liability

    What are the golden rules for ensuring that caps on liability are (1) robust and (2) enforceable?

    Answered by: Niav O'Higgins of Arthur Cox

    Niav is "a leading light, incredibly astute: a real star." She advised Hibernia Reit on the construction contracts and development of major projects right across Dublin.

  4. Performance bonds

    Given the increase in contractor failures, is it time to veer away from on-demand performance bonds?

    What are the options?

    Answered by: Edward Quigg of Quigg Golden

    Edward has a vast amount of practical knowledge of dispute resolution in the construction industry. He has been involved in many of the most closely watched cases.

  5. Morning coffee

  6. Delay

    What is the state of play on concurrent and dominant delay: (1) commencement, (2) impact and duration, (3) overlapping events?

    Answered by: Dermot McEvoy of Eversheds Sutherland

    Dermot has "a hugely impressive ability find solutions for tricky legal problems." He defended Dublin Port Company against a claim over the repudiation of a design contract.

  7. Design liability

    How is design liability changing under RIAI, Public Works Suite and Fidic 2017?

    Why is it such a concern and why does it matter?

    Answered by: Finola McCarthy of Ronan Daly Jermyn

    Finola continues to impress with her “stellar” practice. She is vastly experienced in all principal forms of contract. "She translates complex contract clauses into layman's language."

  8. Over-run

  9. Lunch

  10. Conciliation

    Drawing on live cases, what is the savvy way to handle a conciliation, either claiming money or defending against it?

    Answered by: Bruno Herbots of Herbots Solicitors

    Bruno worked on the development of Ireland's National Paediatric Hospital Projects. He is renowned for "his inventive solutions" and for being a highly gifted public speaker.

  11. Insolvency

    Using real-life examples, what can you do to protect yourself when you are contracting with a party facing insolvency?

    Answered by: Eamonn Conlon of A&L Goodbody

    Eamonn is “pre-eminent for construction law - the guru you go to for all the angles.” He drafted the standard form public works contract and is currently advising on the new children's hospital.

  12. Standard form amendments

    When is it a ploy to amend the standard forms, e.g. removing exceptionally inclement weather or discovery of antiquities as causes for delay?

    Answered by: Barrett Chapman of McCann FitzGerald

    Barrett advised Boston Scientific on the construction of its neurovascular facility in Cork. He brings "clarity of thought to the table" and "understands on-the-ground realities."

  13. Over-run

  14. Close of conference