Construction Dispute Resolution
- 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.
- Acting on behalf of funder client in advising on construction contract, subcontracts, design appointments and ancillary documents in respect of the construction loan to the new owner in relation to the build out of a hotel and residence distressed development.
- Advising client receiver in respect of the build out of a major Dublin residential distressed development in relation to all construction issues including the drafting and negotiation of the design and build construction contract, design consultant appointments (novated to D & B contractor), all collateral warranties and the project management / client’s representative agreements.
- Advising bank syndicate in relation to build out of remedial works to major Dublin hotel including drafting construction contracts, design appointments and subcontracts, and advising the bank syndicate in relation to claims by previous contractors.
- Advising a number of Ireland’s leading banks (both NAMA banks and others) both directly and through appointed receivers in relation to numerous distressed housing, commercial and leisure developments including working with banks and receivers to identify and assess the risks inherent in the various options available for these distressed developments, such as build-out and rental, sale and ‘mothballing’ of developments. Advising banks and receivers on the various options/contract structures put forward to build out these distressed developments and on the pros and cons of different arrangements. Drafting very specific letters of intent along with complex bespoke construction and development agreements to facilitate the build-out of distressed developments, which necessitate clear lines of risk apportionment and responsibility for defects. Regularly advising in relation to insurance, retention of title issues and planning permission queries regarding distressed developments. Advising PPPCo consortium in two schools PPP developments in drafting, negotiating and finalising construction contracts, design appointments, subcontracts and all ancillary documents in respect of build out of distressed development of schools as a consequence of contractor’s liquidation.
- Drafting suite of consultant appointments, management contracts (with complex phasing arrangements), letters of intent and design and build construction contracts (based on the RIAI form of contract), including performance bonds, parent company guarantees and collateral warranties, for the purposes of their accommodation needs in Dublin for the purposes of temporary swing space accommodation and two management contracts for the purposes of permanent space for Google
- Drafting contracts, consultant appointments and ancillary agreements for the design and build of a series of data centres in Ireland. The initial phase of this development involved drafting a bespoke management contract (based on the RIAI Form Contract) and letters of appointment for the design team and construction consultants.
- Localisation of US standard form construction contracts and professional appointments for a major multinational IT company including advising on the construction contracts and consultants appointments for their European business centre.
- Drafting bespoke Master Design and Equipment Purchase Agreement for a number of data centres in Ireland, including drafting contracts for an unmanned “containerized” data centre structure. In particular, advising in relation to “market” retention provisions, safety and health provisions (including the appointment of project supervisors), retention of title issues along with a detailed “security package” in order to protect the employer against potential contractor insolvency.
- Drafting fit-out contract for the purposes of a call centre to be located in Ireland, including drafting and advising in relation to detailed letter of intent, fit-out contract based on the RIAI blue form of contract and letter of engagement for the project manager/architect.
- Advising semi-state sports body in relation to all aspects of their construction procurement process, including drafting of PIN notices, Invitation to Tender documents, contracts and appointments.
- Advising a US multi-billion dollar company in respect of all aspects of its procurement strategy for establishing its offices in Ireland as its World headquarters, including advising on its tendering processes and engagement of successful tenderers.
- Successfully advising tenderer in landmark procurement judicial review decision in the High Court Commercial List extending time to allow the unsuccessful tenderer challenge the decision of a County Council to award a €50m contract to another tenderer.
- Advising tenderer in procurement challenge in relation to the award of a construction contract for a County Dublin waste water treatment facility to a competing tenderer
General and Commercial Disputes
- Defending numerous claims for various clients in respect of retailers’ nuisance claims regarding disruption to business and drop-off in footfall as a consequence of construction works, residential nuisance claims in respect of noise and dust nuisance and personal injury and motor claims.
- Advising client in multi-million euro insurance claim in relation to product design failure in major component of rail-track stabilisation system.
- Successfully opposing, as notice party, judicial review challenge by local residents against An Bord Pleanála planning permission in respect of a wind farm
- Advising main contractor in negotiations and agreement in relation to dispute arising from remediation works at oil refinery.
- Advising power generation provider in arbitration in relation to warranty claims under Put and Call Option Agreement for claims in respect of breach of warranty as regards plant condition at generating station, rate valuations of generating stations and flood risk.
- Advised energy provider in a claim under Business Sale Agreement in respect of retained litigation and specifically rights of way claims in relation to power station lands.