We are no longer accepting applications for this course. If you are interested in applying for the next course, please register here for our Interested List. We would be happy to contact you when applications open for the next offering of this course. We look forward to welcoming you to study with the Diploma Centre.
On completion of this training programme, participants will have:
- An in-depth knowledge and understanding of key topics in the fields of construction law and dispute resolution;
- Developed skills to evaluate and critically analyse how a contract is discharged and identify how a contract is performed and breached;
- Enhanced knowledge and skills in relation to contracts, contract administration and the central documentation; and
- An understanding of dispute resolution management and how alternative mechanisms such as adjudication and arbitration work.
Programme structure and approach to learning
This flexible course aims to provide a comprehensive overview of the specialised discipline of construction law and practice in Ireland. The increasing complexity of construction law provides for a proliferation of contracts and conflict and dispute resolution mechanisms. This complexity has led to a demand for professionals with the skills to analyse, manage and solve intricate problems that often arise on major projects.
This new diploma will take a practical approach to the complex issues that arise from the multiparty nature of the construction process. Students will be introduced to the standard forms of construction contracts with particular focus on the Public Works and RIAI Contracts. There will be specialised introductory streams for lawyers and non-lawyers and specific modules on the tendering process and construction dispute resolution. Other prominent areas of study will include: the Construction Contracts Act 2013, allocation of risk between the employer and the contractor, collateral warranties and bonds, specialists and sub-contractors, and the Building Control (Amendment) Regulations 2014. Practical training through the use of case studies and workshops will be enhanced by looking at the overall regulation of construction and the role of regulatory authorities, case law, and recent and future developments.
The programme is based on the following module scheme and covers key themes as listed below:
Module 1: An introduction to construction law
- Specialised stream for lawyers introducing the construction process
- Specialised introductory stream for non-lawyers introducing the principles of the Law of contract
- An overview of the standard forms of contract
- Specialists and sub-contractors
Module 2: Construction procurement – the tendering process
- An overview of the Public Procurement Directive
- The tendering procedure
- Remedies available to unsuccessful candidates
Module 3: Construction contracts
3a – Everyday risk
- Delay claims
- Liquidated damages
- Notice and exclusion clauses
3b – Contract administration
- The role of the certifier
- Payment provisions including the Construction Contracts Act 2013
- Substantial completion, defects liability period and retention
3c – Common pitfalls
- Collateral warranties and bonds
- Termination clauses
- Liability provisions and insurance provisions
Module 4: Construction dispute resolution
- A guide to alternative dispute resolution
- Dispute resolution through adjudication
- Arbitration practice and procedure
Who should attend?
This course is suitable for solicitors currently working in the area or for those who would be interested in practicing in this area. It will also appeal to dispute resolution solicitors and barristers looking to broaden their understanding of area of law that generates a large amount of claims and litigation. The course will also be of interest to experienced construction professionals including engineers, claims surveyors and expert witnesses.
We welcome applications for this course from suitably qualified non-members. Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee of €200.
- Workshop 1: Construction contracts problem scenarios, Saturday 03 February 2018
- Workshop 2: Construction law case studies, Saturday 03 February 2018
- Workshop 3: Interactive alternative dispute resolution scenarios, Saturday 10 March 2018
- Workshop 4: Exam prep workshop, Wednesday 14 March 2018
The teaching faculty for this diploma will comprise a mixture experienced practitioners and industry experts.
*Every effort has been made to ensure the information contained in these pages is accurate and up to date. However timetables and course content are subject to change and date and time changes may occur due to factors beyond our control.