Conference Chairperson & Opening Remarks

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

Dispute Resolution & Role of the Project Board

Speaker: Billy Morrissey, Chartered Engineer and Mediator / Conciliator, Past Chair Chartered Institute of Arbitrators - Ireland Branch

• The effectiveness of the Project Board in preventing disputes
• The role of the Standing Conciliator and its practical benefits
• Encouraging early dispute resolution instead of formal conciliation

Employer’s Representative (ER) Decisions & Responsibilities

Speaker: Robert Rooney, Partner, Mason Hayes and Curran

• The ER’s obligation to provide reasoning for determinations
• Addressing impartiality concerns and ensuring fair treatment
• The ER’s role in making contractors aware of changes and claim entitlements

Liquidated Damages & Delay Costs

Speaker: Fiona Egan, Partner, Beauchamps LLP

• Whether liquidated damages must be proven to be claimed
• The impact of a contractor submitting a zero or very low delay rate
• Recovering overhead and indirect costs when valuing compensation events

Variations, Change Orders & Valuation of Works

• How variations are valued when section 2D of the Tender and Schedule is left blank
• Contractor rights if an ER skips valuation steps (e.g., 10.6.1 to 10.6.4)
• Compensatory events and how contractor claims are assessed

Programme Contingency & Time Extensions

Speaker: Padraig Godfrey, Senior Associate, McCann FitzGerald LLP

• Whether programme contingency should be drawn down progressively
• The impact of employer claims being issued late in a contract
• What documentation is required for a watertight extension of time claim

Design Responsibility & Contractor Liability

Speaker: Gerry O’Sullivan, Chartered Quantity Surveyor, Barrister-at-Law & Legal Consultant with Mulcahy McDonagh & Partners (MMP)

• The growing trend of transferring design responsibility to contractors
• The expectation for contractors to provide professional indemnity insurance for standard components
• Addressing liability when poorly detailed designs lead to cost overruns

Money and Delay Claims under the Public Works Contract

Speaker: Alan Brady, Barrister at Law, The Law Library

• Importance of keeping records
• Cause and effect
• Notices under clause 10.3 of Public Works Contract
• Claim particulars and level of back-up required
• Valuation of variations under clause 10.6 of the Public Works Contract
• Effect of clause 10.7.4 of Public Works Contract
• Concurrent employer/contractor delays
• Extensions of time and critical path analyses

Tender Evaluation & Abnormally Low Tenders in Public Works Contracts

Speaker: Patrick Kane, Partner, Phillip Lee LLP

• How to ensure a robust tender evaluation process from the start
• Dealing with abnormally low or abnormally high tenders
• Avoiding common pitfalls in standstill letters