Nicola Dunleavy

Location:	Dublin
T:	+ 353 1 232 2000
D:	+ 353 1 232 2033
F:	+ 353 1 232 3333
E:	nicola.dunleavy@mop.ie

Practice Areas and Professional Experience

Nicola Dunleavy is a partner in the Projects, Energy and Construction Group at Matheson Ormsby Prentice.

Nicola is the head of the Environmental Infrastructure team. She represents clients in applications for all types of infrastructure permits. Nicola leads the legal team at oral hearings under the Strategic Infrastructure Act, and in High Court judicial review proceedings in which planning and infrastructure permits are challenged by objectors. She advises on environmental law, particularly in the waste, energy and transport sectors. Nicola’s work also includes leading the environmental aspect of due diligence work.

Nicola acts for public and private sector clients in contentious and non-contentious construction cases. Nicola was involved in drafting the GCCC contract forms. She advises on PPPs and other infrastructure models. Nicola has wide-ranging experience in acting on the funders’ and employer/authority side of design-build, PPP and other contracts in the health, waste, wastewater, transport and other sectors. Nicola also acts for clients in relation to a range of construction disputes in both building and engineering, and her experience includes acting for clients in court, arbitrations, adjudications, conciliations and mediations.

Representative Transactions

Environmental Infrastructure

advising local authorities throughout Ireland on waste legislation and Waste Management Plans and the development of waste-to-energy plants, landfills, biological treatment facilities, transfer stations, materials recovery facilities and waste collection arrangements
advised Shannon LNG on its application for planning for an LNG terminal in Kerry under the Planning and Development (Strategic Infrastructure) Act 2006. Nicola led the legal team at the planning oral hearing, which was the first private sector hearing under the Strategic Infrastructure Act, resulting in a grant of planning permission. Nicola acted for Shannon LNG in the successful defence of High Court judicial review proceedings challenging the grant of permission
advised Shannon LNG on the EIS for the gas pipeline and led the legal team for the planning permission process, also under the Strategic Infrastructure Act, resulting in a grant of permission
advised Bord na Móna on the proposed intensification and extension of the Drehid waste management facility, including leading the legal team at An Bord Pleanála’s oral hearing under the Strategic Infrastructure Act, which led to a grant of planning permission
advising public sector bodies and private sector contractors regarding design, build and operate contracts for wastewater facilities
in the context of a purchase of power generation stations, advised a private sector energy utility on the legal implications of a full range of contaminated land issues at and emanating from several power generation sites, some of which are contaminated by asbestos and other hazardous substances. Nicola gave detailed advice on risks of contamination of groundwater and advised on liabilities in respect of capped landfill areas containing hazardous substances. This included advising on IPPC licences, on the Environmental Liability Directive, and on the EPA’s National Hazardous Waste Management Plan 2008-2012
advising on the Strategic Environmental Assessment Directive in the context of variations to a waste management plan and development plan
advising on the Waste Packaging Regulations and Environmental Liability Regulations and the implications of non-compliance, including criminal prosecutions, in the context of environmental due diligence and environmental auditing and compliance
advising a bidder on Metro North PPP on the Strategic Infrastructure Act and on all environmental issues associated with construction and operation – noise, traffic, odour, dust and others. Detailed advice on the National Monuments legislation

Construction (non-contentious and contentious)

advising Iarnród Éireann on the Dublin-Cork upgrade project, including drafting consultants contracts based on the GCCC standard conditions for consultants, including framework agreements; works contracts based on GCCC civil engineering precedents; supply, operate and maintain contracts. Also advising on health and safety issues
advising a local authority in relation to the defective construction of a materials recovery facility under a design and build contract, including advising on enforcing the parent body guarantee and calling on the performance bond
drafted standard form contracts and guidelines for government departments and other public bodies, including an involvement in drafting the GCCC contract forms
advising senior lenders on construction due diligence in respect of financing private hospitals
advised senior lenders on the suite of design and construction contracts for the new national stadium at Lansdowne Road
advising construction company on claims under a design-build roads contract
advised the successful bidder on the EPC contract for the East-West Interconnector, including advice on indemnities
advising insurance companies on defending professional negligence claims (architects, engineers, surveyors and others) in construction disputes
leading the legal team in High Court construction disputes, including in the Commercial Court, regarding variations, delay and defects

Procurement and PPP

advising extensively on corporate governance and powers and duties of statutory bodies, including local authorities. Advising on compliance with the Code of Practice for the Governance of State Bodies and compliance with government guidelines
advising Wexford County Council on the proposed development of Courtown Harbour as a public private partnership
advising bank syndicates in relation to three Co-Located Private Hospital PPPs, including due diligence of all project documents, including the project agreement, design and construction sub-contract, operation sub-contract, collateral warranties and suite of direct agreements
advising bidders in relation to NRA Roads PPPs and advising concession companies in relation to ongoing issues, such as the proposed construction of services stations, trespass actions and others
represented Dublin City Council in relation to the successful defence of procurement law infringement proceedings brought against Ireland by the European Commission regarding the tendering out of ambulance services, including drafting submissions to the European Court of Justice
advising private sector clients in relation to their procurement law rights, including debriefing rights, interim injunctive relief and potential High Court judicial review proceedings to challenge the award of public contracts. Advising clients in relation to rights and obligations that will arise under the new Public Procurement Remedies Directive, due to be transposed into Irish law by 20 December 2009

Recommendations

Nicola Dunleavy is a “commercially astute, constructive adviser,” and a “great communicator.”
Construction: Chambers Europe 2010

Nicola Dunleavy is highlighted for her ‘superb knowledge of the industry’.
Construction: European Legal 500 2010

Nicola is recognised as a leading lawyer by international legal directory, Chambers Europe.

Professional Memberships and Activities

Nicola is an Associate of the Irish Taxation Institute. She is a frequent speaker at construction conferences and workshops, particularly in relation to the Strategic Infrastructure Act, environmental issues and the government public works contracts.

Education

Trinity College Dublin, Bachelor of Law (LL.B.)
Winner of Trinity College Exhibition Award 1988 and 1989
Admitted as a solicitor in Ireland (1995)
Taxation Consultant, Irish Taxation Institute
Awarded a scholarship by the Irish Government to complete masters (LL.M.) in the European University Institute, Florence, Italy

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