Public Works Contracts – Key Amendments 2023

AGENDA

09:15

Conference Chairperson & Opening Remarks

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

- How to support voluntary data sharing between companies
- How to facilitate the fulfilment of data sharing obligations set by law
- A look into how organizations share data without fear of it being misused or losing competitive advantage
- Examples of how Individuals exercise their rights under the GDPR
- Enable individuals to gain control over their data and allow them to share it with trusted companies

09:30

Introducing Liability Caps for Contractors

Robert Rooney, Partner, Mason Hayes and Curran LLP

What is a liability cap and why is it important?
How do liability caps interact with insurance?
The levels of liability caps
Contractual exclusions to liability caps
Common law and statutory exclusions to liability caps

Price Variation Mechanism for recovery of inflationary cost

Hugh Cummins, Partner, Phillip Lee

Hyperinflation in the construction sector
The formula fluctuation method in practice
Pros and Cons of the mechanism
Alternatives to the mechanism? – gridlock in public sector construction projects.

Claims Under these Contract Changes

Dermot Durack, Associate Director, Quigg Golden

Review of the Applicable Parts of the Contract & Guidance
Grounds for Potential Claims
Pursuing a Claim in Relation to the Price Variation Mechanism
Issues to watch out for when preparing Price Variation Claims

11:30

Coffee Break

Interpreting the Public Works Contract

John Lyden, Conciliator and Arbitrator

Uncertainty in clause 10.3 of PWC – when does a contractor have to give notice of a claim?
PWC’s own rules of interpretation
Clause 1.1 Definitions
Clause 1.2.4 and the contra proferentem rule
Clause 1.3.1 order of precedence of documents
Clause 1.3.4 conflict between Works Requirements and Pricing Documents
Schedule part 1 K17
Common law principles of interpretation
Contract must be read as a whole
Meaning of words and context of words when contract was made
Words are given their ordinary meaning
Commercial common sense
Clear words are required to exclude liability for a breach of contract
Clear words are required to exclude liability for negligence

Lowering the threshold for recovery of inflationary costs in key
material categories

Alan Philip Brady BL, Barrister-at-Law

- Ownership of material
- Insurances/ transit risks
- Insolvency of suppliers
- Defects in modular units who is liable
- Compliance with the building regulations

13:15

Lunch Break

Removing the fixed price period for materials, energy and fuel

Chris Wheeler, Partner, Construction and Energy, DWF (Ireland) LLP

- Ownership of material
- Insurances/ transit risks
- Insolvency of suppliers
- Defects in modular units who is liable
- Compliance with the building regulations

Simple price variation provision to cover materials in
Public Works Contracts of lesser value

Clare McAdam, Senior Associate, A&L Goodbody LLP

- Technical Assessment Specification (TAS)
- Current compliances with BCAR
- Additional Regulations Required
- On-site evaluations
- Factory production inspections
- Competency
- Certificate Holder Responsibilities and Maintaining Certification
- NSAI Responsibilities

- Why is insuring modular construction so different than other construction delivery methods?
- Since skilled construction labour is not doing the work, it seems to become more of a manufacturing process. How does this change worker’s compensation codes?
- Is the Modular work considered "product" or "work"?
- Do the state statutes of limitations or repose apply? For example, would it be considered a construction defect or product defect?
- What about professional liability considerations, especially if construction firms are involved in designing the components?

16:00

Conference Close

- What are third-party cookies?
- Not all cookies are good cookies
- Why are third-party cookies going away?
- What are first-party cookies?
- What aboutzero-party data?
- How can zero-party data build trust?
- How to prepare for the third party phaseout

09:00

Introduction to The Most Creative Conference

Arlene Miles

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