Conference Chairperson & Opening Remarks

Martin Cooney, Partner and Head of Construction at Byrne Wallace

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Maintenance Contracts – Legalities – Liability – Litigation

• Vicarious liability and limitation clauses in maintenance contracts
• The obligation to inspect outsourced works
• ADR as an alternative to litigation where disputes arise
• Health & Safety

Robert Rooney, Partner, Mason Hayes and Curran

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Choosing the Appropriate form of Contract: - TMRC – PWC?

• The Term Maintenance and Refurbishment Contract
• The PWC maintenance contracts
• Framework agreements

Darren Isaacson, Head of Legal, Mercury Engineering

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Negotiating the Contract

• Expectations about Availability, Reliability, and Costs
• The Extensive Preventive Maintenance Schedule
• Tricks of Negotiating Maintenance Contracts
• The Seven Steps to Develop a Risk-Based Maintenance Concept
• Using the Maintenance Concept to Negotiate More Effectively Lean Maintenance Contracts
• Negotiating Tips

Ciara Dooley​​​​, Senior Associate, Arthur Cox

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Key Performance Indicators (KPIs) and Liquated Damages

Fiona Egan, Senior Associate, Arthur Cox

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Replacing Non-Performing Contractors

• Good supplier management and risk/escalation management - what constitutes giving people a fair shot at improvement
• Replacing a supplier by mutual agreement
• Replacing a supplier by using no-fault notice clauses
• Replacing a supplier by invoking contract clauses
• Options when replacing a supplier (safe harbour, buying off framework, short-term arrangements, re-tender, going back to second ranked tenderer)

Graham Proudfoot, Head of Procurement in The Princes Trust

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RCT & Maintenance Contracts - What is Maintenance - What’s not?

• What is RCT? Who is in scope to operate it?
• What services does it apply to?
• When might a maintenance contract fall in scope of RCT?
• Difference between maintenance and repairs for RCT purposes
• eRCT Compliance - high level overview

Donal Gallagher, Senior Tax Manager, PWC

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Agreements v Contracts

• Framework Agreements v Contracts – distinctions from a commercial perspective  
• Key considerations when tendering for a place on a Framework
• On the Framework but not winning work?
• Price increases – delays and how to incorporate them in the procurement chain

Ross McCarthy, Managing Director, Keystone Procurement

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Outsourcing Considerations

• Asset Management
• The Business Impact of Maintenance
• Considerations in Outsourcing Maintenance
• What to outsource and what not?
• Risks Involved

Paul Davis, Lecturer in the Faculty of Business, DCU

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Maintenance and Compliance Within Social Housing

• Historic Buildings
• Asset Management
• Tenant engagement

Ciaran Andrews, Chartered Building Surveyor, Accredited Building Conservation Surveyor, Working with Respond

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