What We Do

"An enthusiastic and dependable team that provides invaluable advice."
Chambers Europe 2011

Our Construction and Engineering lawyers are recognised as leaders in their field.  We work with our clients to  help them understand, reduce and manage the contractual risks involved in their construction and engineering projects. Where necessary, we assist our clients in resolving and managing disputes efficiently and with minimum disruption to their business.

We work with a variety of clients based in Ireland and overseas including government, local authorities, banks, developers, contractors and designers. Our Construction and Engineering practice forms an integral part of the firm's Projects, Energy and Construction Group.

We provide clear, commercial, concise and timely advice on construction and engineering projects, which is directed at identifying the simplest and most cost-effective route to achieving our clients' objectives. We help our clients take advantage of opportunity while protecting them from risk.

Our Construction and Engineering lawyers have extensive expertise and vast experience in all forms of alternative dispute resolution and in particular in mediation, conciliation and arbitration.

At all times we aim to provide services which are consistent with our clients' commercial requirements and long-term needs. This focused approach is key to ensuring our clients receive technically expert advice with a clear commercial approach.

The Construction and Engineering team's areas of practice include:

• construction dispute management including construction mediation, conciliation, arbitration, adjudications, other ADRs and  court proceedings 
• complex and simple construction and engineering projects including commercial office, corporate headquarters, residential developments, leisure centres and shopping malls
• major international construction projects including infrastructure, utilities, power and process plants and hotels 
• distressed developments - options / contract structures to build out, remediation / build out contracts
• construction finance, bonds, warranties and guarantees 
• construction insolvencies 
• EPC contracts
• Procurement strategy and EU procurement issues 
• construction health and safety issues 
• dispute avoidance and contract management 
• claims analysis and negotiation 

Our Construction arbitration practice is long established and widely acknowledged as one of the leading arbitration practices in Ireland.  We have acted in some of the largest and most complex domestic and international construction arbitration disputes that have taken place in Ireland over recent years, and have acted for all major stakeholders in numerous arbitration proceedings. 

We have a vast range of experience in and regularly advise clients on all types of domestic arbitrations conducted in Ireland in relation construction and infrastructure project disputes, including arbitrations subject to ICC and FIDIC rules.  We also have broad experience of conducting international arbitrations under a variety of institutional rules and on an ad hoc basis.

All of our Construction and Engineering lawyers are either Members or Fellows of the Chartered Institute of Arbitrators and all have a huge depth and wealth of experience in arbitration.  We also speak and write widely on arbitration issues, both within Ireland and internationally.

Below is a brief selection of some of the recent construction projects on which we have advised. We have also included a selection of our arbitration experience.

• advised authorities, consortia, contractors and bidders in respect of the construction documentation in a variety of PPP Projects including the Cork School of Music, Greystones Harbour Redevelopment, Cork Waste Recovery Facility, National Conference Centre, Criminal Courts Complex, Waterford Sports and Leisure Centre, the Irish Metropolitan Area Broadband Network and the Limerick Tunnel Project
• advising the owner in the drafting and negotiation of an EPC Contract and related documentation in respect of the construction of a 400 MW CCGT gas fired power station 
• advising a semi-state client in relation to the drafting of tender documentation, construction contracts, collateral warranties, design appointments and guarantee documentation in respect of a variety of heavy infrastructure projects 
• advising various property development companies in respect of the construction contracts and design team appointments for  retail/residential/commercial office parks 
• advising various banks in respect of the construction aspects of commercial office buildings, wind farms, hotels and apartment complexes, including the drafting and negotiation of design team appointments and associated collateral warranties 
• advising leading technology industry client in respect of the management contract, design appointments and associated construction documentation in relation to a server facility 
• advising two banks and an investor group in respect of the construction of different sections of a commercial development at Beacon Hill (including an apartment block, a hotel complex and a medical facility) 
• advising a health industry client in respect of the project management contract and the associated building and supply agreements for the build out of an existing manufacturing facility and the installation of process equipment 
• advising international consortium in adjudication/arbitration claim against Semi-State body in respect of claim for delay, disruption, loss and expense and variations in relation to one of Ireland's largest infrastructure projects, on foot of amended FIDIC Plant and Design-Build form of contract 
• advising one of Ireland's largest building contractors in High Court proceedings against employer in respect of non-payment and wrongful termination on foot of amended RIAI standard form contract 
• advising international IT company in High Court claim against architect and contractor for damages due to design and construction defects in relation to manufacturing facility, on foot of bespoke contract 
• advising major process plant contractor in conciliation/arbitration claim against Local Authority in respect of substantial variations to works during the contract period, pursuant to amended MF/1 contract 
• advising specialist sub-contractor in High Court Commercial List claim against main contractor in respect of variations, delay, and disruption on foot of bespoke contract 
• advising major residential building contractor in conciliation/arbitration proceedings against Local Authority for delay, loss and expense on foot of amended GDLA 82 form of contract

Arbitration Experience

• advising in arbitration proceedings in respect of claim under IEI Contract 3rd Edition for under 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.  
• advising 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. 
• advising major power generator in relation to claims in arbitration 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.  
• advising 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.
• advising global leader in power generation design, manufacture and supply 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.
• advising 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.  
• advising 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.
• advising 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.  
• advised 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 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.
• advising major infrastructure contractor in multi-million euro claim in 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 property owners in arbitration proceedings challenging compulsory purchase order quantum valuation.
• advising large multinational civil engineering contractor in arbitration proceedings in respect of prolongation claim arising from design changes under the IEI Form of Contract for construction of marine project;
• advising world renowned multinational IT company in claim in respect of significant mechanical and electrical defects in its Dublin head offices;
• advising leading Irish civil engineering contractor in multi-million euro ICC arbitration in respect of sub-contractors claim for variations and delay and disruption under FIDIC based sub-contract; 
• advising large civil engineering contractor in claim under Public Works Contract in respect of variations, delay and disruption on major motorway project.
   

This group’s capacity to handle a wide spectrum of matters has allowed it to maintain an impressive workload in spite of the difficulties facing the construction industry. It boasts a notable international client base, which advises on major development projects and an extensive variety of litigation. Contentious files have been a particular source of activity in recent months with the team acting on a number of high/value cases relating to design and engineering defects.  It also has a strong reputation for ADR. 
Construction: Chambers Europe 2011 

Damien Keogh leads the team and is highly regarded for his expertise in contentious matters. He skilfully handles arbitrations, mediations and conciliation, as well as complex court proceedings. 
Construction:  Chambers Europe 2011

Rhona Henry has a wide ranging practice and an emerging market reputation. 
Construction:  Chambers Europe 2011

Damien Keogh has an “infinite knowledge of the law”.
Construction:  European Legal 500 2011

Damien Keogh is “fast becoming a force in the market,” say peers. Clients recommend him for his “tremendous ability to assess a problem and accurately divine, almost immediately, the client’s legal position”.
Construction: Chambers Europe 2010

Damien Keogh is recommended for his "extensive knowledge" and for his "commercial approach".
Construction: European Legal 500 2009

MOP's hard work and recent success have kept it firmly amongst the leading Irish construction practices. Sources appreciate the group’s “strong team approach, clear and logical thinking and responsiveness, even when you catch them on the hop.”
Construction: Chambers Europe 2010

Matheson Ormsby Prentice is "pragmatic", "reassuring" and "client focused", with Damien Keogh praised for his "excellent commitment".
Construction: European Legal 500 2010

As well as offering great expertise and resources, this team is praised for the quality of its client care and devotes itself to explaining complex legal issues and documents.
Construction: Chambers Europe 2009

Damien Keogh is a “committed lawyer with a good knowledge of the construction industry and an eye for detail”. He handles a mix of non-contentious and contentious matters, including construction arbitration and mediation. “He speaks in a language that clients can understand, translating complex legal contracts into layman’s terms,” remark interviewees, who also praised his accessibility and responsiveness: “He is available out of hours and is always easy to communicate with.” 
Chambers Europe 2008

A dedicated team of construction professionals works out of Matheson Ormsby’s projects unit, doing “a damn good job” advising on contentious and non-contentious matters for an impressive clientele that includes some of the biggest contractors in Ireland. The firm has also been involved in some of the country’s most significant PPP projects, having acted for John Sisk & Son in the design and construct contract for the National Conference Centre PPP and advised PJ Hegarty & Sons on similar matters relating to the Criminal Courts Complex PPP.
Construction: Chambers Europe 2008

Operating as part of the projects unit, a team of seven dedicated construction lawyers handles the full range of construction law for a clientele that includes some of Ireland’s biggest contractors. As well as drafting and negotiating contracts, the team handles litigation and arbitration, with a focus on dispute avoidance advice. Clients praised the lawyers for being “very professional, competent and easy to deal with.”
Construction: Chambers Europe 2007

At Matheson Ormsby Prentice, a firm that rises a tier this year. The firm offers a project life-cycle legal service, where the construction group becomes part of the contractor's project team. The firm has acted on a number of high-profile construction projects, including the National Conference Centre, the Criminal Courts Centre and Spencer Dock.
Construction: European Legal 500 2007

The team regularly advises consortia on contracts relating to schools, harbour development and waste recycling. Disputes work includes advising one of Ireland’s largest building contractors in High Court proceedings against an employer in respect of non-payment and wrongful termination of contract.
Construction: European Legal 500 2006

An impressive client list includes Ireland’s biggest contractor, John Sisk & Son, software giant Hewlett-Packard and semi-state companies such as Irish Rail, Bord Gais and Dublin Bus.
Construction: European Legal 500 2005