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

  • 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
  • "The team is great, with nice people who are easy to work with and stick to their timetables."  Chambers Europe, 2015
  • William Fry’s ‘client-oriented’ team is ‘very committed and works well under pressure’.  Legal 500 EMEA, 2015 
  • Sources Say: "The team is very knowledgeable, not just about the law, but about how to handle cases in an efficient way." "The team is brilliant: I cannot think of any flaws in the lawyers' attitude or grasp of the subject matter, whether Irish, UK or international law." Chambers Europe, 2014 

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." McCabe advised Kennedy Wilson on the development and financing of a 5.6-hectare site at Clancy Quay in Dublin. Chambers Europe 2018 
    • Practice head Liam McCabe is "a superb negotiator when it comes to fine detail". Legal 500 2018 
    • Liam is described as ‘professional and personable’ and ‘excellent’. Legal 500 EMEA, 2017
    • Impressed clients say he 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." Chambers Europe, 2016
    • Clients appreciate his "customer-focused legal advice." Chambers Europe, 2015
    • Practice head Liam McCabe gives ‘excellent advice’.  Legal 500 EMEA, 2015
    • Department head Liam McCabe draws wide recognition for his non-contentious construction practice, offering domestic and international clients "a fantastic overview of a broad range of matters, be they commercial, legal or technical." Chambers & Partners, 2014
  • Fergus Devine
    • Fergus Devine is praised for his "huge depth of knowledge and dynamism."Chambers Europe 2017
    • Fergus Devine ‘does not shirk the difficult messages’. Legal 500 EMEA, 2017
    • Fergus Devine leads the group and is highly focused on energy regulatory advice, drawing plaudits from interviewees for being "able to understand complex, technical issues" and "grasping the mechanics of the energy markets."Chambers Europe, 2016
    • Fergus Devine ‘really understands the energy business’. Legal 500 EMEA, 2015 
  • Jarleth Heneghan
    • Jarleth "Acts on commercial and non-contentious construction mandates. He assists with a variety of developments, including office, retail and residential properties, as well as data centre, healthcare and infrastructure projects".Chambers Europe 2019 
    • Described by clients as "attentive and knowledgeable." He advised daa on the development of a 70-acre business park at Dublin airport. Chambers Europe 2018
    • The "meticulous" Jarleth Heneghan provides "very practical advice on the public procurement process". Legal 500 2018
    • Jarleth is described as ‘professional and personable’ and ‘excellent’. Legal 500 EMEA, 2017
    • Jarleth is "highly efficient, because he has been trained in the construction industry, so he understands it really well. He is not only clear on the big picture, but also on the nuts and bolts of construction. It is great to deal with someone who understands the process." Chambers Europe, 2015
    • Jarleth Heneghan is ‘a go-to lawyer for construction issues’Legal 500 EMEA, 2015
    • Jarleth "provides an efficient and thorough service" on construction projects. Chambers Europe, 2014
  • Bryanna Ryan 
    • Bryanna Ryan has "expert knowledge". Legal 500 2018

Key Contacts

Liam McCabe Partner

Bryanna Ryan Partner