This course equips practitioners to act for parties in statutory adjudication of construction disputes and considers the implications of the 2013 Act that came into effect last year.
About the Construction Adjudication Masterclass
The Construction Contracts Act 2013 (the 2013 Act”) provides for statutory adjudication of construction payment disputes and regulates payment practices. Statutory adjudication is bringing about significant change in how construction disputes are dealt with in this country. This is important to solicitors and barristers who practice in this area of law and to other professionals who represent parties in construction disputes. The purpose of this course, which is intended for solicitors, barristers and professionals who act for parties in construction disputes, is to:
- Explain the implications of the Act for payment claims and the conduct of disputes concerning payment claims
- Provide skills required for prosecuting and defending a case by statutory adjudication
- Consider enforcement issues concerning adjudicator’s decisions
- Address the implications of statutory adjudication for solicitor’s practice
Overview of Programme Timetable and Content
Day 1 and Day 2 - 1/2 March 2019
Detailed consideration of the 2013 Act and related Code of Practice and the implications for payment and dispute resolution in the construction industry, scope of the legislation, different treatment of Contractors and Sub-contractors, payment claim notices, responses and payment disputes, rights of suspension, adjudication basic principles, enforcing and challenging adjudicators’ Decisions, constitutional and human rights issues.
Day 3 and Day 4 – 5/6 April 2019
Adjudicating small and medium-sized disputes: client care and conduct, tactics, preparing for and prosecuting or defending a case in adjudication, jurisdiction, drafting submissions, use of evidence and law, written and oral procedures, managing time pressures, fee arrangements and making adjudication pay; differing perspectives of the claims consultant, the solicitor, the adjudicator.
Day 5 and Day 6 – 10/11 May 2019
Adjudicating large, complex disputes: implications for client care, fees, conduct and tactics, is adjudication appropriate, the position of the referring and responding party, assembling and managing the team and their inputs; case preparation, presentation and adjudication procedures in large, complex disputes, use of experts and oral evidence, site visits and meetings, the solicitor’s, barrister’s and adjudicator’s perspective. Enforcing and resisting enforcement of adjudicator's decisions, practical considerations, insolvency issues.
Structure of the course
The course will be a mixture of face-to-face lectures and interactive workshops, including examples of adjudicator meetings considering matters such as jurisdiction, procedure and timetabling, and consideration of the merits. There is no assessment but there will be a Certificate of Completion.
Who should attend
Aimed at solicitors, barristers and professionals who act for parties in construction disputes, those who complete the course will be able to act effectively in advising on and conducting statutory adjudication proceedings on behalf of their clients.
Apply now for the Construction Adjudication Masterclass, which starts on 1 March 2019 and takes place at the Law Society of Ireland, Blackhall Place, Dublin 7. Course fees are € (discounted fee is €). See more information and book online
Peter Aeberli (Course director)
Peter is a Canadian citizen, resident in the United Kingdom. He is duly qualified as Architect and Barrister practising from 3 Paper Buildings, London, England. He is an experienced arbitrator, mediator and adjudicator. Apart from his work as a barrister, his focus is dispute resolution principally, but not solely, in the construction industry. He has received appointments from bodies such as the CIArb, CEDR, the RIBA, the RICS, the ICE, the ICC, the LCIA, the Law Society of England & Wales and Engineers Ireland. He is listed on numerous panels including the FIDIC President’s list of dispute adjudicators, the ICC Canadian National Committee Panel of International Commercial Arbitrators and the ICDR (American Arbitration Association) panel of international arbitrators.
Anthony Hussey is a partner in the Irish firm of Hussey Fraser solicitors. He specialises in construction law and has been involved in hundreds of construction arbitrations both as an advocate and as an arbitrator. He is one of very few people in Ireland who has experience of acting as an adjudicator.
Mr. Hussey is currently a member of the Engineers Ireland Dispute Resolution Board and is the Vice Chairman of the Law Society Arbitration & Mediation Committee. He has spoken at numerous seminars on arbitration, conciliation and construction related matters. He is co-editor and co-author of Construction Projects: Law & Practice published by Thomson Reuters. He has written a book on adjudication which is due to be published by Informa shortly
James Golden is a Director of Quigg Golden, a firm of claims consultants based in Dublin. James is also heavily involved in construction dispute resolution in Northern Ireland and across the UK.
James has experience with many major consultants and contractors throughout the UK and Ireland. He has worked in Hong Kong and has considerable international experience.
James is widely experienced in all aspects of dispute resolution including conciliation in Ireland and adjudication in Ireland and across the UK. James' is foremost a party representative in all forms of ADR although his experience includes acting as an adjudicator and conciliator and as an Expert Witness in arbitration and litigation. He specialises in the growing area of dispute resolution under the NEC and has considerable experience of the PWC in Ireland.
Manus Quigg is a partner in the Scottish firm of Brodies Solicitors. He is dual qualified in England and Scotland and specialises in construction law. He works on both sides of the border and has particular experience in advising clients on and resolving construction disputes whether by utilising the formal processes of litigation, arbitration or adjudication, or through the increasingly popular alternative dispute resolution methods. He advises a range of developers, contractors, construction professionals and their insurers on construction issues and believes in adopting a commercial approach to find the most cost-effective resolution to problems geared to suit each individual client's requirements. Manus is a member of the Society of Construction Law, the Adjudication Society and the Chartered Insurance Institute.
Anthony is a partner in the international firrm of solicitors, Clyde & Co. He is a leading expert on all aspects of construction and engineering cases, whose experience covers the resolution of national and international construction disputes. His practice also includes domestic and international arbitration cases and Court proceedings and he is well known for his work in the field of expert determination and adjudication, including references to Dispute Adjudication Boards.
He has substantial experience in various methods of Alternative Dispute Resolution, including mediation and is a trained mediator on the list of mediators of the Technology and Construction Solicitors' Association.
This programme first ran in 2016, here are the testimonials from some of the participants
The Construction Adjudication Masterclass provided an excellent insight into the practical application of the Construction Contracts Act 2013 as well as considered legal interpretation of the Act and the challenges practitioners will face in advising clients following its commencement. The course material and information was practical, comprehensive and up to date. The course was very well organised and ran very smoothly. A very positive experience. Fiona O’Neill, Partner, Beauchamps Solicitors
I want to congratulate the Law Society for the excellent manner in which they presented and debated the proposed Construction Contracts Act. It was very interested, with great presenters and guest speakers. On completion felt fully informed on the subject which will be very beneficial for our business. Jack McHugh, Managing Director, Alucraft Group Ltd., Dublin
I found this course to be an outstanding course. I had studied adjudication in the UK and this was the ideal course for me to refresh my knowledge, and to clarify the interface of the Construction Contracts Act 2013 and the Irish Constitution. It was very well managed over 3 separate weekends and I thoroughly enjoyed it. Very good course content and run by very experienced practitioners. Highly recommended. David McCarthy - TDR Quantity Surveying Service, Youghal Co. Cork