Conference Chairperson & Opening Remarks

Damien Keogh SC, Managing Partner, DKA Solicitors

Preparing & Defending Construction Contract 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 Consider when Responding to a Claim
• What Adjudicators and Conciliators should consider when Deciding on Claims?

Claims for Unforeseen Ground Conditions

Speaker: John Lyden, Conciliator and Arbitrator

• Where contract is silent about ground conditions
• Does the employer have to disclose existing site information?
• Documents issued ‘for information only’
• Tenderers to examine site for themselves
• Implied warranty that site information is accurate
• Site disclaimer clauses
• Public Works Contract – ‘background information’
• Pre-contractual representations
• Misrepresentation in employer’s documents
• Claims under Public Works Contracts for unforeseen ground conditions

Expect The Unexpected – Hidden Risks in a Volatile World

Speaker: Ciara Dooley, Senior Associate, Arthur Cox

Contract Risk Allocation & The Use of Standard Contracts and Clauses

Speaker: Robert Rooney, Partner, Mason Hayes and Curran

• Influence on project risk by an early-stage integration
• Latest industry trends
• Influence on project risks by an early integration of the involved parties
• Identifying deviations in different project stages
• Allocation of design responsibility as a key risk determining factor
• Views of clients, contractors and planners

Liability Issues During the Life of the Project and the Evolution of Disputes

Speaker: Kevin Harnett – Partner, Head of the Construction Team, Hayes Solicitors

• Common liability issues
• Steps to minimise or avoid liability disputes pre-contract signature
• Effective project implementation
• Establishing contractual entitlements
• How disputes evolve during the life of the project

Types of Disputes & Issues on Projects

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

• Disputes involving delay, disruption, defects, and variations
• Remedies and processes under contracts such as suspension and termination
• Issues arising under contracts associated with the bringing of a claim, such as notices and early warning processes
• How the mechanics work out in construction disputes
• Contractual issues associated with disputes, such as design responsibility and ground conditions
• Assessment and limitation of damages

Constant Risk Management & Regular Contract Review

Speaker: William Brown, Director, Fortfield & Brown

• Constant communication/engagement
• Scope definition
• Variations
• Unrealistic expectations
• Diverging priorities

Dispute Avoidance and Resolution

Speaker: Keith Kelliher, Kelliher and Associates Quantity Surveyors

• Forward-facing dispute resolution strategies to calm conflicts and cut costs
• Compromise approaches and ADR
• Commercial negotiation
• Adjudication
• Expert determination
• Dispute Boards: Greater use of review boards
• Mediation
• Arbitration