Conference Chairperson & Opening Remarks

Jamie Ritchie, Partner, Infrastructure, Construction, Energy, and Projects, Byrne Wallace Shields LLP

The Employer’s Representative: Understanding Legal Duties and Practical Boundaries

Speaker: Chris Wheeler, In-House Solicitor, Elgin

• Distinguishing the ER’s contract administration role vs. client representation
• What the ER is legally empowered to decide under PW-CF contracts
• Limits on ER discretion in valuation, EoT, and certification
• Legal remedies available when ER decisions are disputed
• Navigating bias concerns and conflict of interest scenarios

Early Contractor Involvement (ECI): Structuring Participation and Managing Risk

Speaker: Stephen Proctor, Partner Group Leader, McCann Fitzgerald

• How to engage contractors’ pre-contract without unintended liability
• Legal standing of letters of intent, Memorandum of Understanding, and pre-construction services agreements
• Clarifying scope and payment during pre-contract phases
• Intellectual property and ownership of early-stage work
• Risk of reliance and contractual formation before signing

Subcontractor Management & Legal Risk

Speaker: Shane O'Connor, Partner, RDJ

• Key clauses to include in subcontract agreements to mirror main contract
• Legal risks when subcontractors refuse to sign required collateral warranties
• Handling delays or defaults by subcontractors
• Dealing with insolvency or PI insurance lapses in the supply chain
• Practical strategies to maintain contractual compliance

Retention, Certification & Practical Completion—Getting Paid and Protecting Position

Speaker: Robert Rooney, Partner, Mason Hayes and Curran

• When is a contractor entitled to full payment for measured works?
• Legal standards for substantial and practical completion
• Addressing withheld certificates due to minor defects
• Triggers for retention release and final account closure
• Challenging delays in certification through legal routes

“Regular and Diligent” Performance: What It Really Means on Site

• Legal definitions and case law interpretations of "regular and diligent"
• Assessing progress in terms of programme, resources, and quality
• Defending against claims of inadequate performance
• Importance of contemporaneous records and daily site reporting
• Responding to ER or client claims of underperformance

Limitation Periods for Contractors

• Overview of statutory limitation periods in construction
• When time starts running—completion, PC, or discovery
• Risks tied to latent defects and maintenance obligations
• The effect of contract sealing and express limitation clauses
• Managing exposure through documentation and contractual carve-outs

Collateral Warranties: Managing Exposure and Negotiation

• Legal function of CWs in contractor and consultant agreements
• Typical risks in CW clauses: extended liability, lack of caps
• Navigating recent trends (e.g. HFA clause removal, sealing disputes)
• Managing employer-imposed CW obligations for subcontractors
• Strategies for negotiation and legal red flags to watch for

Contract Termination - Avoiding Pitfalls and Managing Transition

• Lawful triggers for termination under Irish contracts
• Steps required to terminate safely and avoid wrongful termination claims
• What happens to works, subcontractors, and site access post-termination
• Managing final payments, warranties, and outstanding liabilities
• Case law examples of termination outcomes in Ireland