Construction Contracts: Hints, Tips and Solution-Focused Answers

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 metre office block construction in a congested urban area.

Conditions precedent

What makes a condition precedent clause stand up?

What counts and what would turn the scale in your favour?

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.

Recovery of loss

Right now in Ireland, how are the courts approaching recovery of loss, particularly economic loss, for contractors and clients?

How can you expect the judges to react?

Answered by: Angelyn Rowan of Philip Lee

Angelyn is "razor sharp, incredibly clued up and achieves sensational results." She advised the NAMA appointed receiver on work being carried out on large apartment complexes.

Design liability

Who is ultimately responsible for the design of an accepted value engineering exercise submitted by a contractor under an Employer Design GCCC contract?

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 public works contract and is advising on the new children's hospital.

Insurance and warranties

Assessing all the legal and practical scenarios, where are the grey areas over latent defects insurance, home bonds and collateral warranties?

What is covered and what is not?

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."

Pay-less notices

How will Adjudication impact on payment notices under the major forms of contracts used in Ireland, i.e. timing, procedure, form and content?

Same as England or watch this space?

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.

Final account disputes

Going beyond "just keep records," how do you gain an edge in final account disputes, including the threat of adjudication?

What are the risks and the obligations of experts?

Answered by: Bruno Herbots of Herbots

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.

Bespoke contracts

What is the scope and effect of bespoke D&B contracts coming into the industry, driven by large scale investors shifting the risks in developments?

How can you negotiate them to your advantage?

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."