Conference Chairperson & Opening Remarks

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

Key Changes in Construction Contracts – an Overview

Speaker: Shane O'Connor, Partner, RDJ

• PWC
• NEC
• FIDIC
• JCT
• RIAI

Recent Cases

Speaker: Fiona Egan, Partner, Beauchamps LLP

• Brief overview of the approach of the courts to date
• Key guidance in the approach taken when challenging the enforcement of a decision
• McGill Construction v Blue Whisp Ltd [2024] IEHC205
• DNCF Ltd v Genus Homes Ltd [2023] IEHC 490

How AI can Assist in Contract Red Flags

Speaker: Chris Wheeler, In-house Counsel (Construction), Elgin Energy

• Identifying high-risk terms based on historical dispute data
• Monitoring compliance with contractual obligations
• Predicting clauses likely to result in disputes
• Highlighting ambiguous terms prone to misinterpretation
• Detecting early indicators of performance or financial issues

Contract Termination Issues

Speaker: Maeve Mac Dermott Casement, Senior Associate, McCann FitzGerald LLP 

• Grounds for termination in construction contracts, such as non-performance or serious breaches
• Notice requirements, including specified time frames and methods of communication
• Consequences of wrongful termination, including liability for damages or compensation
• Impact on payment obligations and liability for works completed before termination
• Dispute resolution options for contested terminations, like mediation or adjudication

When Alternative Dispute Resolution Fails – What’s Next

Speaker: Kevin Harnett, Partner and Head of Construction at Hayes Solicitors

• What is ADR and why might it fail?
• How does lack of commitment and reverting to litigation habits affect ADR?
• Why is preparation crucial for successful ADR?
• What steps should be taken after ADR fails?
• What are the key considerations when transitioning from ADR to litigation?

Preparing & Defending Construction Contract Claims

Speaker: Robert Rooney, Partner, Mason Hayes and Curran

• 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?

Untangling Delays and Disruptions on Construction Projects

Speaker: David McNeice, Partner, DWF in Belfast

• What is the legality on documents issued ‘for information only’?
• Who needs to be aware of whatever gives rise to the claim?
• When should the notice under clause 10.3.1 of the PWC be triggered?
• What level of particularisation is required in the follow-up documents?
• If an employer delay is the ‘dominant cause’, what is the contractor entitled to?

PWC vs NEC 4

Speaker: Richard Stowe, Partner, Beauchamps LLP

• What is the role of the PWC contract in Ireland?
• What are the constraints of the PWC contract?
• How does the NEC4 contract differ from the PWC?
• How does risk allocation differ between PWC and NEC4?
• What are the key features of the NEC4 contract?
• How does NEC4 ensure compliance with Irish construction law?