Contentious

Our Construction Group is the leading construction practice in Ireland.  It advises claimants and respondents on all aspects of construction disputes including construction ADR, construction arbitration and construction litigation.

We recognise that in many cases our clients prefer to settle their cases on favourable terms rather than arbitrate or litigate.  For this reason, we have considerable expertise in ADR mechanisms and have qualified mediators within the practice.  Our lawyers have a reputation in the industry as tough but solution-focused negotiators and advisers.

Our practice has fostered close links to arbitral institutions such as CIArb, ICC, AAA and LCIA. We have qualified arbitrators within our construction practice who can advise on these arbitration rules as well as the UNCITRAL and IBA rules, standard contract forms and bespoke arbitration agreements and procedures.

We equally have extensive experience in all aspects of construction litigation and our knowledge of, in particular, the Commercial Court allows us to deliver the best outcome for our clients in a cost efficient and timely manner.

Our services include:

Construction ADR (Alternative Dispute Resolution)  

  • Mediation
  • Concilliation
  • Settlement
  • Pre-Litigation
  • Adjudication
  • Expert Determination
  • Expert Witnesses

Construction Arbitration

  • Domestic
  • International   
         

Construction Litigation

  • Domestic and International
  • Injunctive Relief
  • Enforcement
  • Construction Payment/Time Claims
  • Bonds & Guarantees
  • Defects/Damages Claims

Construction Arbitration, Litigation (including Commercial Court) and ADR advices on:

  • Acting for a landlord in a high value industrial lease termination dispute
  • Acting for the employer in a complex engineering processing facility
  • Acting for a local authority on a dispute on the terms of a development agreement
  • Acting for a multi-national commercial client in a final account/quantum construction dispute under the IEI Works Contract
  • Acting for a contractor in a series of arbitrations with employer and sub-contractors for a hotel, retail and leisure centre under the RIAI Building Agreement
  • Acting for a pharmaceutical company in an multi-million euro arbitration on a construction dispute
  • Acting for a rail contractor on an international ad-hoc tiered dispute resolution (including dispute board)
  • Acting for a private carriage company on an international shipping ad-hoc arbitration
  • Acting for a plant machinery dispute (ICC arbitration)
  • Acting for a Developer on a large city centre office-led development (ICC arbitration)
  • Acting for a retail employer on a high-value retail store and service yard arbitration and litigation
  • Acting for a contractor on a quantum claim with the employer for a multi-storey car park under the RIAI Building Agreement
  • Acting for a contractor in an arbitration concerning a cladding contract on a city-centre headquarters building
  • Acting for a contractor in an arbitration for the design and construction of mechanical and electrical services and sub-contractor issues on an office development
  • Acting for a quantity surveyor in an arbitration concerning a consultant appointment and subsequent quantum claim on a conference centre project
  • Acting for a university in an arbitration concerning a defects claim against the professional team on a scientific facility
  • Acting for an oil company supplier against a contractor in connection with defective oil and gas pipelines
  • Acting for a hotel developer and hotel operator on defective and quantum claims in various arbitrations arising out of defects on a substantial hotel development

Periodic Payment Orders: Update

Legislation to provide for periodic payments in catastrophic injuries claims expected in coming months


The Construction Contracts Act 2013

The Construction Contracts Act 2013 (the “Act”) was enacted on 29 July 2013. The Act is one of the most significant pieces of industry legislation in recent years and is likely to prove a game changer.


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Department

  • "The construction team that we work with in William Fry are a trusted partner and have an intimate knowledge of construction on every level. They understand our requirements as a client extremely well and adopt a commercial and practical approach to all matters, whether complex or not." notes one client, which another adds that the teams "key strengths were their detailed knowledge of not only the contract documentation, legislation and regulations, but also of the industry and the commercial market, coupled with clear, sound advice on the legal implications of the commercial arrangement to be agreed and implemented." Legal 500 2020
  • One clients commends the team's dedication and awareness of business perspectives, saying: "They provide really excellent strategic advice that is commercial and always couched in the requirements of the business, and they understand and engage and get to grips with being part of our team; they've gone above what you expect an external counsel to do." Chambers Europe 2020
  • Clients say: "They have a really strong ability to look around corners and get the right answers." ..."They are very plugged in to the market", remarks another source, who says: "They really add value to the deal." Chambers Europe, 2018
  • One source states: "I think the service is excellent. The team is proactive, knowledgeable, capable and attentive." Chambers Europe, 2017
  • "The lawyers at this firm really know what they are talking about and always seem to have solutions. The complicated project we were working on only came together due to their expertise and ability to be commercial. They demonstrated a huge amount of knowledge - they know all the obscure details." Chambers Europe, 2016
  • "The team is very knowledgeable of the construction industry and takes a practical and pragmatic approach to negotiating terms, which is important when nearing deadlines." Chambers Europe, 2016
  • "The team is very responsive and provides good, commercially focused advice which is prompt, efficient and succinct." Chambers Europe, 2016

Team

Liam McCabe

  • One source describes him as "very commercial and thorough," and goes on to explain: "As a client I feel protected and well prepared in complex negotiations, and he has the ability to build consensus among parties and get a reasonable solution." ​​Chambers Europe 2019
  • Market sources say he is "technically brilliant, an excellent negotiator and always available."  Praised for his "superb technical knowledge and remarkable commercial awareness." Sources also note that he is "exceptionally effective in negotiations on the client's behalf." Chambers Europe 2018
  • Practice head Liam McCabe is "a superb negotiator when it comes to fine detail".Legal 500 EMEA 2018
  • In Chambers Europe 2017 Liam is described as ‘professional and personable’ and ‘excellent’.
  • According to sources in Chambers Europe 2016, impressed clients say Liam is an "excellent practitioner who knows something about everything - he understands banking, finance, property, probate and so many areas of law that he brings an amazing mind to the table and pierces through any issues to find an easy solution." Market commentators say: "He is knowledgeable and hard-working, and has the ability to pull in the experts required for each aspect of the project, co-ordinating things well."

Fergus Devine

  • Legal 500 2020 have ranked Fergus in the 'Hall of Fame'. One client said Fergus has "a particularly in-depth level of knowledge on the workings of the transmission and distribution network and the complex regulatory framework that comprises that SEM in Ireland. We found his advice to be timely, pragmatic and commercial."Another client added that they work with Fergus on a daily basis: "He is our go-to lawyer for all our important transactions and projects. We leverage his extensive legal knowledge of the energy and natural resources market to drive real value for our business. He continues to provide the best legal advice when we need it and is not afraid to give a view. He has a real affinity for this sector."
  • "Excellent. Can't think of any weakness affecting the given energy advice." IFLR1000 2020
  • One source admires Fergus's "ability to make very complex regulations and legislation simple. He is very knowledgeable and commercially aware, whilst also ensuring that everyone involved is fully conversant with the issues at hand."Chambers Europe 2020
  • According to Legal 500 2020 Fergus was "available round the clock during the transaction" and "excellent at minimising the stress that accompanies a large scale PPP transaction working to a tight timeline."
  • Fergus Devine has two decades of experience, advising clients on a wide range of energy projects. "I have great respect for Devine," remarks one admiring market source, adding that "he's a brilliant energy lawyer." Chambers Europe 2019
  • "Strengths are numerous but outstanding leadership from Fergus Devine stands out the most." IFLR 1000 2019
  • Department head Fergus Devine is "very responsive, exceptionally pleasant and has a broad and in-depth knowledge of the energy sector," according to interviewees. Chambers Europe 2018
  • The "business-focused" Fergus Devine is highly active in the energy sector and is a "clear communicator". Legal 500 EMEA 2018
  • In Chambers Europe 2017, Fergus is praised for his "huge depth of knowledge and dynamism." According to Legal 500 EMEA 2017, Fergus "does not shirk the difficult messages."
  • In Chambers Europe 2016 Fergus draws plaudits from interviewees for being "able to understand complex, technical issues" and "grasping the mechanics of the energy markets".

Jarleth Heneghan

  • According to one client, Jarleth has a "great technical knowledge and excellent tracking of issues requiring close-out. The pairing of Jarleth Heneghan and Cassandra Byrne makes them a real pleasure to work with," adding that they are"clear, concise and straight to the point." Legal 500 2020
  • "His attention to detail, responsiveness and ability to change strategy due to the issues thrown at us was remarkable. He doesn’t quit or take the easy route, but he continues to fight for what’s right for the client" quotes another source in Legal 500 2020, adding his "depth of knowledge, commercial outlook and ability to look round corners have been invaluable to us over the years and will continue to be so into to the future," "his level of service delivery is top class."
  • Jarleth was listed in Best Lawyers 2019 under 'The Best Lawyers in Ireland' for work in Construction Law.
  • Described by clients as "attentive and knowledgeable," Jarleth  is known for his work on both advisory and contentious construction cases. He maintains a particular specialism in liability quantum and time disputes. Chambers Europe 2018
  • The "meticulous" Jarleth Heneghan provides "very practical advice on the public procurement process". Legal 500 EMEA 2018 
  • In Chambers Europe 2017, Jarleth is described as having a broad practice covering construction advisory matters and dispute resolution. He has particular expertise in liability, quantum and time disputes. One client lauds his "hands-on and solution-focused" approach. In Legal 500 EMEA 2017, Jarleth is described as ‘professional and personable’ and ‘excellent’. 

Bryanna Ryan

  • According to Chambers Europe 2020, one client notes that "Ryan brings a lot of energy and is very intuitive and capable."  They add that "she’s very well organised and brings a lot of approachability, acting well as part of a team."
  • Bryanna Ryan has ‘expert knowledge’. Legal 500 EMEA 2018

Key Contacts

Liam McCabe Partner

Bryanna Ryan Partner