Projects

We have a dedicated multi-disciplinary Projects Group including infrastructure and utilities specialists who work on the most significant, innovative and complex projects in Ireland.  We have been to the fore in the development of public private partnerships (PPPs) in Ireland and have in-depth knowledge and broad experience in advising both the private and public sector on projects across a range of sectors, including energy, education, health, leisure, accommodation, prison and transport.

We have advised funders, contractors, local and international corporations, developers, consultants, and consortia on funding and delivering large scale projects, as well as public sector clients on the promotion, procurement, funding and development of PPPs across numerous sectors.

We adopt a hands-on approach, becoming an integrated member of our client’s team and employ our expertise and knowledge to anticipate, manage and overcome the challenges and risks facing the project to ensure that our clients get the optimum results every time.

As a full service law firm we can draw on the expertise of colleagues as required in Property, Energy and Natural Resources, Environmental, Planning, Competition, Banking, Tax, Insurance, Employment, Pensions, and Litigation.

Our services include advising, drafting and negotiating on:

  • Project Structuring
  • EU/Irish Procurement Rules on tender processes
  • Preparing and evaluating contract documents
  • Drivers and expectations of Contracting Authorities and other bidding parties
  • Understanding key awarding criteria - timely delivery and value for money
  • Statutory Consents
  • Sponsor consortia and shareholder arrangements
  • Project Financing, including all forms of credit support
  • Design Development
  • Construction Issues
  • Operation and Maintenance arrangements
  • Legal risk management and strategy development
  • Ongoing Projects lifecycle issues
  • Key project risks - delay, relief, force majeure and compensation on termination/borrower default
  • St Mel’s Cathedral Trust on the restoration of St Mel’s Cathedral, Longford. This project won key awards from LAMA: 'Best Public Building' and 'Best Civil Engineering project', and was chosen by the public as Ireland’s favourite building of 2015 at the RIAI awards in June 2015. The project was also awarded:
    • Best Conservation/Restoration
    • Best Universal Design Award
    • Highly Commended in the ‘Best Research Project
  • University College Dublin, the procuring authority, on its Gateway development - the largest single capital project in the higher education sector - international star-architect design competition and construction procurement using a PPP concession mode
  • Dublin City Council on Fatima Mansions Regeneration PPP Project and developing legal model for such projects, the first pilot urban regeneration project in Ireland
  • Public Sector Client on procurement of state of the art new build public facilities
  • University Pittsburgh Medical Center advising key stakeholder and named operator on three of the HSE Co-Location Hospitals Projects
  • Leargas Consortium on their successful tender application to design, build and operate the Thornton Hall Prison PPP
  • Dublin City Council on the O’Devaney Gardens Regeneration PPP
  • Fingal County Council on the design, build and financing of several major infrastructural projects in North Dublin
  • Shortlisted Bidder on the Decentralisation PPP
  • Macon Consortium a shortlisted bidder, for the design, construction, development and operation of the Motorway Service Areas PPP Project
  • Swimworld (Waterford) on all aspects of the design, build, financing and operation of the Waterford Regional Sports and Leisure Complex PPP
  • Board of the Railway Procurement Agency on various aspects of the LUAS, Dublin Light Rail projec
  • A syndicate of lending institutions in relation to the N4/N6 Kinnegad to Kilcock Motorway PPP Project
  • European Investment Bank on various aspects of the Five Group School PPP Project
  • Bank of Ireland as senior lender to E-net which was awarded the MSE contract by the Department of Communications, Marine and Natural Resources

Expanding the Rainbow? New FIDIC Contracts and Guidance Notes on the Horizon

FIDIC has announced that new projects contracts, related guidance notes and materials are on the horizon to be added to the FIDIC Rainbow Suite of contracts in late 2020 or early 2021.


Back in the Spotlight – the role and duties of Expert Witnesses

A recent decision of the Technology and Construction Court in England and Wales puts the role of expert witnesses and the interplay of conflicts of interest back in the spotlight.


Déjà Vu - Sectoral Employment Orders (SEOs) Declared Unconstitutional

The High Court has struck down the Electrical Contractors SEO and declared the relevant parts of the Industrial Relations Act 2015 unconstitutional, heralding confusion in the construction, mechanical engineering and electrical contracting sectors.


Post Lock-Down: COVID-19 and Construction Contract Challenges

This Presentation reviews the post lock down impacts of COVID-19 on cost, time and quality issues related to recommencement of works under construction contracts.


Lock Down - COVID-19 and Construction Contract Challenges

This article reviews potential impacts of the COVID-19 lock down on cost, time and quality issues related to the carrying out of works under construction contracts.


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Department 

  • William Fry's Projects team have an "exceptional level of service and professionalism. It's very clear that the team had tons of experience in this area, and they were excellent at imparting that knowledge. Problems were overcome with a minimum of fuss, and I always had huge confidence in their advice." Another client notes how the team are "very professional, committed and knowledgeable around all circumstances that arise with building contracts. Having worked with William Fry for many years my experience is that they have successfully delivered on all projects on which they have been involved." Legal 500 2020
  • A client states "William Fry are good across the piece". ​Chambers Europe 2019
  • "Our experience has been very positive in terms of depth of resources and responsiveness," says one client, who adds that the team is "very knowledgeable." Chambers Europe, 2018
  • "The team's breadth and depth of expertise is second to none. The lawyers exhibit a genuine desire to amicably achieve results, rather than acting in an adversarial fashion - this is a trait that many recognise and appreciate." ..."The advice from this team is accurate and timely, and very good."  Chambers Europe 2016

Team

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".

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."

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’. 

Key Contacts

Liam McCabe Partner

Fergus Devine Partner

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