Our People

Mediation, Conciliation, Arbitration and Litigation 

Damien's relevant experience includes advising:

• a global leader in power generation design, manufacture and supply Alstom in respect of CCGT power station project, and in particular defence of claim in arbitration by specialist sub-contractor and designer under bespoke subcontract terms and conditions in relation to dispute regarding the design, manufacture, supply and testing of water systems for the CCGT
• a multi-national power generator and operator in arbitration in relation to warranty claims under Put and Call Option Agreement on claims in respect of breach of warranty as regards plant condition at generating station, rate valuations of generating stations and flood risk
• national integrated energy service provider in relation to claim in respect of major defect in power plant, including advising on appointments of experts and scope of works in respect of investigating defects and remedial works necessary to resolve same. Advising generally in relation to potential claims in multiple arbitrations against contractors, owners engineer, insurer and operator in relation to defective plant
• the Department of Communications, Marine and Natural Resources in negotiations and agreement in relation to Whitegate Refinery
• Luas Contractor in relation to the Luas Project under amended FIDIC Plant and Design Build Contract involving practically all aspects of the contract and multiple claims in conciliation and arbitration in relation to unforeseen ground conditions, delays arising from diversion of unforeseen utilities, major design changes, delays due to road possessions and restrictions in working hours, delays arising from neighbour dispute and nuisance claims, alleged fundamental breach of the contract on the basis of interference by the Employer in the role and duties of the Engineer under the contract
• a major infrastructure contractor in multi-million euro claim in conciliation and arbitration under amended FIDIC Red Book Contract in respect of DASH Project in relation to upgrade of seventeen DART stations on behalf of Iarnrod Eireann.  Issues included unforeseen ground conditions, major design changes, incorporation and interpretation of Bill of Quantities and Specification, access issues, delays due to track possessions and restrictions in working time, delays arising from neighbour disputes and injunctions due to noise issues, lack of and delay in issue of design information and claim for additional costs in respect of numerous variations
• advising Rail Contractor and Operator in defending numerous claims in respect of retailers’ nuisance claims regarding disruption to business and drop-off in footfall as a consequence of construction works, residential nuisance claims in respect of noise and dust nuisance and personal injury and motor claims
• the National Asset Management Agency (NAMA) and a number of Ireland’s leading banks (both NAMA banks and others) both directly and through appointed receivers in relation to distressed housing, commercial and leisure developments including working with banks and receivers to identify and assess the risks inherent in the various options available for these distressed developments, such as build-out and rental, sale and ‘mothballing’ of developments. Advising banks and receivers on the various options/contract structures put forward to build out these distressed developments and on the pros and cons of different arrangements. Drafting very specific letters of intent along with complex bespoke construction and development agreements to facilitate the build-out of distressed developments, which necessitate clear lines of risk apportionment and responsibility for defects. Regularly advising in relation to insurance, retention of title issues and planning permission queries regarding distressed developments
• Bus Eireann (instructed by CIE Solicitors) in termination of contractor on Busaras Phase II - development and defending claim for variations and in particular purported loss and expense arising out of alleged delay and disruption to the contractor’s works arising from design changes and lack of access to workfaces
• M50 D&C contractor (Sacyr subsidiary) in relation to defending a number of claims in respect of the M50 upgrade works including disputes with sub-contractors in respect of traffic management, neighbour nuisance claims and third party personal injury and property claims
• M3 Contractor (Cintra and others) in relation multi-million euro dispute in respect of delay and disruption to completion of motorway and final account claim
• claims in arbitration by a major power generator under bespoke EPC contract arising out of defects in CCGT including defects in the civil structure of same, against EPC contractor and civils contractor respectively.  In addition, advising in relation to potential claim under insurance policy in respect of loss due to cost of remedying defects in CCGT and the civils works, including claims in respect of consequential loss arising from power plant outage during remedial works
• Dragados SA, as part of roads consortium, in relation to multi-million euro dispute with sub-contractor in respect of alleged delay, disruption and variations claim in the High Court Commercial List
• a major power plant operator in arbitration proceedings in respect of calling of performance bond and liquidated damages arising from delay in completion of energy project under bespoke EPC contract
• a multi-national power generator and operator in relation to claim under Business Sale Agreement in respect of retained litigation and specifically rights of way claims in relation to power station lands
• a Rail Contractor in respect of multi-million euro insurance claim in relation to product design failure in major component of track stabilisation system
• G&T Crampton Limited in claim against developer in respect of Phase II of Dundrum Shopping Centre contract in relation to interpretation and applicability of Bill of Quantities in the context of buy out of risk in respect of quantities and agreement in relation to guaranteed maximum price
• conciliation and arbitration proceedings in respect of claim for delay and disruption, and termination of Contractor in relation to multi-million euro dispute in respect of sewerage and groundwater works for Meath County Council across several county towns
• conciliation involving final account claims under IEI Contract 3rd Edition in respect of variations and delay and disruption to sewerage groundworks and pipe laying works in respect of Dundalk Town Centre and surrounding environs
• conciliation and arbitration in relation to multi million euro dispute under IEI Contract 3rd Edition in respect of drainage and groundworks alongside commuter rail network involving claims in respect of variations, delay and disruption, and termination of Contractor
• conciliation in claims under IEI 3rd Edition in respect of multi-million euro final account dispute in relation to South Dublin County Council Nangor Road construction contract, and in particular associated drainage and sewerage  works, including diversions in respect of same

Commercial Transactions and Agreements 

• a multi-national web search corporation in relation to a suite of consultant appointments, management contracts (with complex phasing arrangements), letters of intent and design and build construction contracts (based on the RIAI form of contract), including performance bonds, parent company guarantees and collateral warranties, for the purposes of their accommodation needs in Dublin for the purposes of temporary swing space accommodation and two management contracts for the purposes of permanent space
• in respect of multi million euro dispute for major IT corporation in relation to a defective building and breaches of various indemnities
• a multi-national IT corporation in relation to the contractual arrangements for the design and build of a series of  data centres in Ireland. The initial phase of this development involved drafting a bespoke management contract (based on the RIAI Form Contract), letters of appointment for the design team and construction consultants
• a multi-national IT corporation on the contractual arrangements for the development of data centres, primarily involving the mechanical and electrical fit-out of existing civil infrastructure works, integrating a  the FIDIC Yellow Book for electrical and mechanical plant and for building and engineering works, 1999 and the FIDIC Silver Book in order to produce a bespoke contract specifically to suit the client's requirements
• a multi-national IT corporation on localisation of its US standard form construction contracts and in addition advising on the construction contracts and consultants appointments for their new European Business Centre
• a multi-national online distributor in relation to the development of a number of data centres in Ireland, including drafting bespoke Master Design and Equipment Purchase Agreement for this purpose. This contract is based on an unmanned “containerized” data centre structure.  In particular, advising in relation to “market” retention provisions, safety and health provisions (including the appointment of project supervisors), retention of title issues along with a detailed “security package” in order to protect the employer against potential contractor insolvency
• a multi-national software manufacturer in respect of a fit-out contract for the purposes of a call centre to be located in Ireland, including drafting and advising in relation to detailed letter of intent, fit-out contract based on the RIAI blue form of contract and letter of engagement for the project manager/architect
• a Wind Energy developer in successfully opposing, as notice party, judicial review challenge by local residents against An Bord Pleanála planning permission in respect of wind farm
• property owners in arbitration proceedings challenging compulsory purchase order quantum valuation
• Veolia Water Consortium in the successful 2006 landmark procurement judicial review decision in the High Court Commercial List extending time to allow Veolia Water challenge the decision of Fingal County Council to award a €50 million non-domestic water metering contract to another bidder
• Veolia Water Ireland in a procurement challenge in relation to the award of a construction contract for Bray/Shanganagh waste water treatment facility to a competing tenderer