Our Expertise

CONTRACTUAL STRUCTURING AND PROCUREMENT

Advising on optimum contractual and security structures and arrangements in the construction and operation of major projects across a wide range of sectors including education, renewable and conventional energy, healthcare, sport, telecommunications, transport (air, emobility, road and rail), waste and water. We also provide specialist public procurement advice, including on optimum procurement models and on all aspects of the competitive process, for works undertaken by or for state and semi-state bodies.

CONTRACTUAL NEGOTIATION

Advising on domestic and international standard form contracts (including RIAI, GCCC, IEI, ICE, JCT, NEC, IChemE, MF/1 and FIDIC) and drafting bespoke construction and engineering contracts, appointments and warranties, and amendments. We also advise on issues arising from the Public Works Contracts, Conditions of Engagement for Consultants, Model Forms and tender documents including Suitability Assessment Questionnaires to the standard forms. We advise on innovative mechanisms to maximise supply chain potential to reduce greenhouse gas emissions across the life cycle of a project. We liaise and negotiate with relevant third parties such as tenants, purchasers, investors and funders and provide ongoing advice on effective project management and contract administration. We also advise on contract execution, assignment, novation and/or step-in, as well as on operation and maintenance contracts (and associated interface agreements), service agreements and framework/ call-off agreements.

SECTORAL REGULATION

Advising on all regulatory requirements in the construction sector, across a range of transactional structures, including in relation to health and safety and building regulations compliance.

DISPUTE AVOIDANCE

Providing strategic and commercial advice across the range of issues that can arise during construction to achieve early resolution of issues and avoid escalation to dispute resolution procedures, including advising on effective and efficient contract administration and management.

DISPUTE RESOLUTION

Advising on a range of disputes relating to claims for payment, extensions of time and delay and disruption / loss & expense claims, liquidated and ascertained damages, variations, latent defects, practical completion, snagging, and rectification of defects. We have experience of all forms of dispute resolution including contractual and statutory adjudication, mediation, conciliation, arbitration, expert determination and litigation, as well as enforcement actions brought by the Health and Safety Authority

"While the depth of knowledge is best in class, this is also coupled with strong commercial nous, meaning that the advice is always concise, timely, accurate but most importantly commercially practical."

Legal 500, 2023

Find out more:

Construction and Engineering
Utilities
Arthur Cox Knowledge