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Diploma in Construction Law

Start Date
Saturday 9 October 2021 at 10:00 AM
Assessment
Continuous assessment and three-hour closed-book written examination. Exam date: 09 April 2022.
Delivery Method
Live online lectures Wednesdays 6pm to 9pm, with a number of live online interactive workshops on Saturdays. Also available to view on-demand.
CPD Hours
The number of hours of CPD that you may claim in relation to this course will depend on the way in which you access each of the individual sessions.  For further information and the CPD booklet, see CPD scheme.
Course Leader
Geraldine Rafferty, Course Leader: G.Rafferty@LawSociety.ie
Price
€2,600.00
This item is not available to book online

The Diploma Centre is a registered CPD Training Provider with Engineers Ireland.

Application information

We are no longer accepting applications for this course. If you are interested in applying for a future offering of the course please register for our Interested List.

Solicitors and Trainees

To pay online click on the 'Book Now' button. For all other methods of payment including, draft, cheque and EFT please see our methods of payment .

Other Professionals

We welcome applications for this course from suitably qualified professionals. Your application must be approved before you can formally register on the course. To apply please email the following documents to diplomateam@lawsociety.ie :

  1. A completed application form (see below)
  2. Your Curriculum Vitae
  3. A short cover letter setting out your relevant experience

Please note, for non-members this course is subject to a supplemental fee of €300 bringing the total course fee to €2,900. No fees are required prior to approval.

Download

If you are interested in applying for a future offering of the course please register for our Interested List . 

Further information on this course including course structure, module scheme, faculty and workshop dates are set out below. Clicking on the links will bring you directly to that section or simply scroll through to read all the content. 

Programme objectives

On completion of this training programme, participants will be able to: 

  • Professionally communicate to a range of diverse construction-management stakeholders, demonstrating in-depth knowledge of the principles of construction contracts and the rationale for amending standard form contracts;
  • Explain and identify the impact and interaction of contract law and tort in the construction process;
  • Advise on compliance with statutory obligations, including health and safety and building control legislation;
  • Critically assess and report on the implications of important case law developments and legislative changes;
  • Develop skills to evaluate and critically analyse how a contract is discharged and identify how a contract is performed and breached;
  • Describe how alternative dispute resolution mechanisms (such as adjudication and arbitration) operate and provide advice to clients on the merits and suitability of these different mechanisms.

Programme structure and approach to learning

This advanced-level diploma 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 diploma takes 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 include the Construction Contracts Act 2013, allocation of risk between the employer and the contractor, collateral warranties and bonds, specialists and subcontractors, and the Building Control (Amendment) Regulations 2014. Practical training through the use of case studies and workshops will be enhanced by consideration of the overall regulation of construction and the role of regulatory authorities, case law, and recent and future developments. 

Modules

The programme is based on the following module scheme:

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 subcontractors.

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

  • Responsibility for design in construction contracts,
  • Lump sum and quantities contracts,
  • Supply chain: subcontracting,
  • Change,
  • Time and completion, 
  • Security and overall liability,
  • Ordinary certification and payment.

Module 4: Construction dispute resolution 

  • Multiparty construction litigation,
  • Conciliation and mediation,
  • Dispute resolution through adjudication,
  • Arbitration practice and procedure.

Workshops

Workshops are a key feature of this course. These are designed to be interactive and involve working in groups on selected case-study problems and analysis, with an emphasis on the application of construction law to common scenarios encountered in practice. 

WorkshopTitleDateTime
1Project procurement, standard form contracts and Health & Safety and Building Control Legislation27 November  2021

9:15am - 12:45pm

2Student Presentations29 January 20229:15am - 12:45pm
3Contractual Claims and Dispute Resolution 29 January 202212:45pm - 3:45pm
4Arbitration and Conciliation 5 March 2022 9:30am - 12:30pm
5Exam Preparation Workshop9 March 20226:00pm - 8:30pm

Assessments

Continuous assessment and three-hour closed-book written examination. Exam date: 09 April 2022.

Who should attend?

This course is suitable for:

  • Solicitors currently working in the area or those who would be interested in practising in this area,
  • Dispute resolution solicitors and barristers looking to broaden their understanding of an area of law that generates a large amount of claims and litigation,
  • Construction professionals, including engineers, claims surveyors, and expert witnesses.
 

The course is also recognised by Engineers Ireland for CPD purposes. 

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 €300.

Faculty

The teaching faculty for this diploma will comprise a mixture of experienced practitioners and industry experts.

Previous lecturers have included:

  • Eamonn Conlon, A&L Goodbody,
  • Martin Cooney, ByrneWallace LLP
  • Anna-Marie Curran, A&L Goodbody,
  • Fiona Forde BL,
  • Cormac Little, William Fry,
  • Bernard Gogarty, Smyth & Son,
  • Jarleth Heneghan, William Fry,
  • Simon Fraser, Hussey Fraser,
  • Damien Keogh, Damien Keogh & Associates Solicitors,
  • Deirdre Ní Fhloinn BL,
  • Niav O’ Higgins, Arthur Cox.

CPD

We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. Please note that the limit for e-learning has been removed for the 2021 CPD cycle. For further information, visit the CPD scheme  and download the CPD booklet. Note that this course offers registered Engineers Ireland 'CPD Training'.

The Diploma Centre team will host our annual CPD conference in November 2021. This complimentary event is a dedicated management and professional development skills and regulatory matters session. We will post an invitation on your Diploma Hub page later in the year. 

Contact

Geraldine Rafferty,  Course Leader: G.Rafferty@LawSociety.ie

*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.

 

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This item is not available to book online