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Money and Delay Claims in Construction

  • 5 CPD Hours Apex Building, Blackthorn Road, Sandyford Business District, Dublin 18 (map)

If there is one key concern for those working with construction contracts, undoubtedly that is getting paid. However, construction projects rarely run entirely smoothly and if the issue of non-payment does arise, parties may be forced to either bring or defend a claim for non-payment at conciliation or arbitration. This course looks at the key contractual and legal issues that arise on construction contracts particularly in the context of pursuing or defending money and delay claims.

Some key questions to be asked include:

·         Does the employer have a duty to disclose existing site information

·         What is the legality on Documents issued ‘for information only’

·         Who needs to be aware of whatever gives rise to the claim?

·         When should the notice under clause 10.3.1 of the PWC be triggered?

·         What level of particularisation is required in the follow-up documents?

·         If an employer delay is the ‘dominant cause’ of delay, what is the contractor entitled to?

This CPD course will answer these tricky questions and other situations that can arise on site. At the end of the course attendees will receive a full course pack to refer back to, which may prove invaluable, and will gain an opportunity to engage in highly informative discussions with a highly experienced professional, as well as others working within the same field. You will also receive 5 structured CPD hours to add to your yearly requirements (if applicable)

Course Content

Money and delay claims under the Public Works Contract

  • Notice requirements generally

  • Notices under Public Works Contract

  • Employer claims

  • Claim particulars and back-up

  • Prevention principle and notice clauses

  • Valuation of variations under Public Works Contract – fair valuation

  • Delay and disruption costs under Public Works Contract

  • Concurrent employer/contractor delays

  • Concurrent delays under Public Works Contract

  • Fair and reasonable extension of time

  • Critical path analysis – case law

  • Prospective and retrospective delay analysis

Set-off and Abatement

  • Set-off at common law

  • Set-off under RIAI Contract

  • Set-off under Public Works Contract

  • Set-off in equity

  • Set-off under the insolvency rules

  • Set-off concerning building defects where contractor is insolvent

  • Abatement

Unforeseen Ground Conditions

  • Position where contract is silent re unforeseen ground conditions

  • Does employer have to disclose existing site information? – case law

  • Implied warranty that site information is accurate

  • Documents issued ‘for information only’

  • Tenderers to examine site for themselves

  • Site disclaimer clauses

  • Misrepresentation in employer’s site information

  • Pre-contractual misrepresentation

  • Innocent, negligent, fraudulent misrepresentation

  • Unforeseen ground conditions under Public Works Contract

  • Unforeseen ground conditions under IEI Civil Engineering Contract

Who Should Attend?

This course is aimed at construction professionals and lawyers who are employed by or who may act for employers (public and private), contractors and sub-contractors in the construction industry.

Certification

On completion, you will receive your CMG MasterClass Certificate as well as your CPD Certificate containing 5 Structured CPD Hours. Please note certificates are issued only at the end of the training course to participants who complete the full five hours.

Cost

This course costs €425 (1st Early-bird rate). Normal Rate €495.00 Includes course documentation and light refreshments. While the course fee does not include lunch, we do provide freshly made sandwiches, coffee and a range of teas and fresh juice for those who require a light lunch. Alternatively you can avail of the local food stores and coffee shops opposite the training centre for hot food or alternative lunch options.

Earlier Event: February 13
Environmental Management Systems