Conference Chairperson & Opening Remarks

Jamie Ritchie, Director, Caldwell Ritchie Berry

Public Works Contracts in 2026: Enforcement Trends and Pressure Points

• How claims under PWC are currently being assessed by Employers’ Representatives
• Areas of increased scrutiny across CF1–CF5 and PW-CF6 contracts
• Common procedural and substantiation failures undermining claims
• Shifts in how contracting authorities are applying strict compliance
• Practical lessons emerging from recent Irish disputes

Clause 10.3 revisited: Notices, Timelines and Proportionality

Speaker: Fiona Egan, Partner, Beauchamps LLP

• What triggers a valid Clause 10.3 notice under PWC in practice
• Common errors in timing, content and sequencing of notices
  
• How time-bar arguments are being treated in conciliation and adjudication
• The practical effect of proposed amendments to time-bar provisions and the introduction of dispute avoidance mechanisms

Variations and Change Orders: Valuing Disruption without delay

• Distinguishing disruption from delay under the PWC framework
• Valuing staff, prelims and indirect costs where no EOT is granted
• Addressing ER positions that link cost entitlement solely to delay
• Evidential standards typically expected in Irish conciliations
• Presenting variation valuations that withstand technical scrutiny

Delay Costs and Extensions of Time under PWC

Speaker: Padraig Godfrey, Senior Associate, McCann Fitzgerald LLP

• Delay cost claims where the contractor priced a €0 daily delay rate
• Programme contingency: how it is treated once exhausted
• Concurrency and dominant cause in current Irish dispute practice
• Managing exposure to liquidated damages pending EOT decisions
• Practical approaches to substantiating delay impact

Constructive Acceleration and Mitigation Strategies

• Acceleration where no formal instruction is issued by the ER
• Managing progress while EOT entitlement remains disputed
• Positioning acceleration costs without waiving contractual rights
• Interaction between mitigation obligations and entitlement
• Records and correspondence critical to recovery

Termination, Insolvency and Examinership Issues

Speaker: Chris Wheeler, In-House Solicitor, Elgin

• Performance-based termination under PWC and consultant engagements
• Insolvency versus examinership as termination events—which is clearer?
• Valuation of termination where BOQs are front-loaded
• Payment, evidence and site access issues following termination
• Managing commercial and legal risk post-termination

Adjudication and Dispute Resolution in Ireland

Speaker: Robert Rooney, Partner, Mason Hayes and Curran

• Key procedural risks under the Construction Contracts Act 2013
• Service, timing and notice defects in adjudication referrals
• Enforcement challenges and lessons from recent Irish cases
• Re-running claims following enforcement failure
• Choosing adjudication, conciliation or mediation strategically

NEC4 Contracts – What Are they All About, and Will they Take Off in Ireland

Speaker: William Brown, Director, Fortfield Bbrown