Conference Chairperson & Opening Remarks

Tim Brennan, Associate, Byrne Wallace Shields LLP 

RCT & Maintenance Contracts

Speaker: Greg Lockhart BL, Barrister and Tax Specialist

• 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

PWC & CF6 Forms
Public Works Contracts Approach to Maintenance Contracts

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

• Choosing the appropriate form of contract:
  • The Term Maintenance and Refurbishment Contract
  • The Minor Works Form CF6 
  • The Investigation Contact
  • The PWC framework
• PSDP and PSCS obligations in maintenance contracts

Maintenance Contracts – Legalities – Liability – Litigation

Speaker: Robert Rooney, Partner, Mason Hayes and Curran

• 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

Outsourcing and Service Based Contracts – Procurement – Tendering

Speaker: Dr. Paul Davis, Head of the Management Group, Faculty of Business, DCU

• Contracts and Service Level Agreements
• Procurement
• Tendering & Types of Tendering
• Re-procurement of a Maintenance Contract - incumbent advantage - levelling the playing field

Sustainable Contracting for Energy Efficiency

Speaker: Ciara Dooley, Senior Associate, Arthur Cox

• Incorporating renewable energy systems, like solar panels, into contract agreements
• Utilizing lifecycle costing to drive long-term energy savings in contracts
• Embedding energy management systems within contractual frameworks for both old and new buildings
• Ensuring compliance with energy efficiency regulations and leveraging incentives through contract terms
• Including sustainability clauses to reduce carbon footprints and promote green facilities management

Framework Agreements – Making them work for you

Speaker: Ross McCarthy, MD, Keystone Procurement

• Framework Agreements – their suitability and prevalence for Maintenance Contracts   
• Framework Agreements v Contracts – distinctions from a commercial perspective  
• “To bid or not to bid” – key considerations when tendering for a place on a Framework
• “Always the bridesmaid” on the Framework but not winning work?
• Framework management – indicators of leading, and not so leading practice

Replacing Non-Performing Contractors

Speaker: Graham Proudfoot, Head of Procurement and Commercial Services, The Kings Trust 

• 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