From Contract to Completion - Controlling Risk Before It Becomes a Claim

Construction projects in Ireland are becoming more complex, more regulated and risk-laden than ever before. The way risk is allocated and managed can determine whether a project succeeds or ends in dispute. This practical one-day training course is designed to help construction professionals understand where risk really sits in their contracts, how it can be managed in practice and how to avoid the common contractual and warranty pitfalls that lead to claims, delays and uninsured exposure. Attendees will leave with clear, usable insights they can apply immediately to protect their projects, organisation and professional positions.

All attendees will receive a full course pack to refer to and will have the benefit of learning from a trainer with a wealth of experience in this area.

Topics

Introduction into typical risks in Construction Projects

• What is “Risk” in a construction context?
• Typical Risk Profile of Irish Construction projects
• Risks involved intaking over a project from another contractor
• Risk allocation vs risk transfer
• Legal vs commercial risk
• Public vs private sector risk considerations

Exercise – Identifying the top 10 risks on Irish construction projects

Irish Construction Contract Landscape and typical contracts used and why

• Standard forms of contract used in Ireland – RIAI / EI Contracts / PWC / FIDIC
• Design & Build vs Traditional vs Management contracting
• Role of amendments and bespoke schedules
• Common Contractual risk hotspots
• Case Study – Comparison of risk allocation under RIAI vs PWC

Managing Risk Through Key Contract Clauses

• Scope, design responsibility and fitness for purpose
• Ground conditions and site risk
• Variations and change control
• Programme, delay and extension of time – key nuances
• Liquidated and ascertained damages (LADs)
• Payment, withholding and the Construction Contracts Act
• Termination and suspension rights
• Practical Exercise –Reviewing and negotiating a high-risk clause

Collateral Warranties – Legal and Practical Pitfalls

• What are collateral warranties and why they are needed on Construction projects?
• Typical beneficiaries(funders, purchasers, tenants)
• Collateral warranties vs third-party rights
• Common forms used in Ireland
• Key obligations and standard of care
• Net contribution clauses
• Step-in Rights and reliance
• Duration and limitation periods under Irish Law
• Common Pitfalls – Uninsured obligations – Conflicts with the underlying contract – excessive beneficiary classes

Professional Indemnity Insurance and Risk Alignment

• Overview of PI Insurance in Ireland
• Insurability of collateral warranties
• Policy exclusions and caps
• Alignment between Contract obligations and insurance

Disputes, Claims and Risk Avoidance

• Typical causes of construction disputes in Ireland
• Claims management an dearly warning
• Adjudication under the Construction Contracts Act
• Arbitration and litigation
• Practical strategies to reduce dispute risk
• Case law – Key Irish cases impacting construction risk and warranties

Risk Management Strategies

• Risk registers and live risk management
• Contract administration best practice
• Record Keeping and notices
• Risk management during project close-out handover

Who Should Attend?

This course will be highly beneficial to Project managers, construction managers, Contracts managers, Commercial Directors, Developers, quantity surveyors, cost managers, consultants, architects, engineers, M&E Leads, Legal counsel, contract administrators, risk managers, compliance teams, employer representatives, asset managers, facilities managers, operations managers, subcontractors, claim consultants, dispute resolution professionals, capital projects managers, to name just a few.

Certification

On completion of this one-day training course, you will receive your Certificate of Attendance. Please note certificates are issued at the close of the training course to participants on completion of the course.

‍This course may qualify for CPD points. Please check directly with your association or awarding body to see how many points they will award.

Cost

An ‘Early Bird’ discounted rate of €535 is currently available. This training course normal rate is €635. Places are limited and are allocated on a first come first served basis. PLEASE NOTE THE EARLY BIRD RATECLOSES 3 WEEKS PRIOR TO COURSE DATE.

The course cost includes all course documentation and Certificate of Attendance.