Construction Dispute Resolution
Damien Keogh & Associates has extensive experience in advising on all areas and aspects of dispute resolution but particularly in arbitration, mediation, adjudication, conciliation and court proceedings.
Damien Keogh, as one of Ireland’s most eminent construction lawyers has a wealth of experience in construction disputes, claims management, conflict avoidance and advising clients at all stages through their construction projects in order to protect their contractual and legal position.
Our objectives are to help clients to anticipate and avoid problems and disputes arising from their projects and where disputes cannot be avoided to put our clients in a position of strength from the outset and to steer them successfully through the dispute resolution process whether it be adjudication, mediation, conciliation, arbitration or court proceedings.
Our areas of expertise in respect of advising on construction disputes and the services we can provide to our clients include advising on the following:
- Claims and disputes in respect of all aspects of construction contracts, projects and appointments
- Variations claims
- Loss & Expense Claims for Delay and Disruption
- Disputes in respect of defective works or materials
- Claims and disputes in respect of performance bonds and parent guarantees
- Construction health and safety disputes
- Claims and disputes in respect of collateral warranties
- Construction insurance claims
- Claims in respect of construction professional negligence
- Construction Insolvency
- Court Proceedings
The following represents some relevant experience in relation to advising clients on construction disputes:
- Advising main contractor in a claim in relation to landmark Dublin transport project under amended FIDIC Plant and Design Build Contract, involving practically all aspects of the contract and multiple claims in conciliation and arbitration in respect of unforeseen ground conditions, delays arising from diversion of unforeseen utilities, major design changes, delays due to road possessions and restrictions in working hours, delays arising from neighbour disputes and nuisance claims, alleged fundamental breach of the contract on the basis of interference by the employer in the role and duties of the Engineer under the contract.
- Advising main contractor in a claim in conciliation and arbitration under amended FIDIC Red Book Contract in respect of train station upgrade project in relation to upgrade of seventeen stations. Issues included unforeseen ground conditions, major design changes, incorporation and interpretation of Bill of Quantities and Specification, access issues, delays due to track possessions and restrictions in working time, delays arising from neighbour disputes and injunctions due to noise issues, lack of and delay in issue of design information and claim for additional costs in respect of numerous variations.
- Defending a number of claims in respect of motorway upgrade works including disputes with sub-contractors in respect of traffic management, neighbour nuisance claims and third party personal injury and property claims.
- Advising contractor joint venture in respect of multi-million euro dispute in relation to delay and disruption to completion of motorway and final account claim.
- Advising main contractor in defending multi-million euro claim by sub-contractor in respect of alleged delay, disruption and variations claim in the High Court Commercial List.
- Advising contractor in a claim against developer in respect of landmark Dublin Shopping Centre contract in relation to interpretation and applicability of Bill of Quantities in the context of buy-out of risk in respect of quantities and agreement in relation to guaranteed maximum price.
- Advising civil engineering contractor in a conciliation and arbitration in relation to multi million euro dispute under IEI Contract 3rd Edition in respect of drainage and groundworks alongside commuter rail network involving claims in respect of variations, delay and disruption, and wrongful termination of the contractor.
- Advising Receiver in claims for retention of title from former suppliers and subcontractors of main contractor and claims under a performance bond.
- Advising energy provider in respect of claims in arbitration under bespoke Engineering Procurement and Construction (EPC) contract arising out of defects in Combined Cycle Gas Turbine (CCGT), including defects in the civil structure of same, against EPC contractor and civils contractor respectively.
- Advising energy provider in relation to potential claim under insurance policy in respect of loss due to cost of remedying defects in CCGT and the civils works, including claims in respect of consequential loss arising from power plant outage during remedial works.
- Advising a global leader in power generation in respect of design, manufacture and supply of CCGT power station project, and in particular defence of claim in arbitration by specialist sub-contractor and designer under bespoke subcontract terms and conditions in relation to dispute regarding the design, manufacture, supply and testing of water systems for the CCGT
- Advised energy provider in a claim in respect of major defects in power plant, including advising on appointment of experts and scope of works in respect of investigating defects and remedial works necessary to resolve same. Advising generally in relation to potential claims in multiple arbitrations against contractors, owner’s engineer, insurer and operator in relation to defective plant
- Advising transport authority in relation to termination of contractor on major transport depot development, and defending claim for variations and in particular purported loss and expense arising out of alleged delay and disruption to the contractor’s works arising from design changes and lack of access to work-faces.