Overview
Given the nature of engineering and construction projects, it is not unusual for disputes to arise both during a project, and/or following completion. Contracts make provision for this, and will include specific provisions governing how disputes between the parties are to be resolved.
There are a number of different procedures which can be followed in order to resolve the dispute: arbitration, conciliation, mediation, adjudication, dispute boards and expert determination. But what are these dispute resolution processes, how do they differ, and when are they best used? Also, what are the routes to becoming a competent and qualified dispute resolution professional?
Course aim
The aim of this one-day CPD course is to provide an insight into the different dispute resolution processes used in engineering and construction projects, the pros and cons of each, where they are best used, case studies where they have been applied and a brief roadmap on how to become a dispute resolution professional.
Learning objectives
At the end of this course delegates will be able to:
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Differentiate between the different dispute resolution processes used on engineering and construction projects
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Describe the merits and disadvantages of the different dispute resolution processes
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Identify when a particular dispute resolution process is best used, and why
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Describe examples of where different dispute resolution processes have been used
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Explain the routes to becoming a dispute resolution professional
Who should attend?
The course will be of interest to engineers looking to gain a greater insight into the dispute resolution processes in use in engineering and construction projects and/or considering becoming a dispute resolution professional.
Trainers' profile
Niav O’Higgins heads the Construction & Engineering Group at Arthur Cox, and has specialized in this area for over 20 years. She has extensive experience of advising the various parties involved in construction across the range of issues arising on construction projects, including drafting and negotiating construction contracts and professional design appointments (both bespoke and based on Irish, UK or international standard forms), together with ancillary documentation such as warranties, bonds, parent company guarantees. She also advises on efficient contract administration and the management of issues which can arise during the construction process, as well as providing timely and solution-driven advice on dispute resolution, whether through mediation, conciliation, adjudication, arbitration or the courts.
She is a CEDR qualified mediator and holds the RICS diploma in adjudication. She also advises on matters of health and safety, particularly as it affects construction, and has acted successfully on several prosecutions brought by the Health and Safety Authority.
Siobhan Fahey Chartered Engineer & Chartered Arbitrator
BA BAI LLB(Hons) CEng Dipl.Arb FCIArb MIEI MICE RConsEI Accredited Mediator(CIArb)
Siobhan is a Chartered Civil Engineer who specialises in construction law. Her particular expertise is in the avoidance and resolution of construction disputes. An independent consultant since 2004, Siobhan spends her working life as an Arbitrator, Conciliator, Adjudicator and Mediator of construction and commercial disputes, but also provides advice and training on contracts, dispute avoidance and dispute resolution.
She has worked in Ireland, the United Kingdom, Europe and the Far East, for consulting engineering firms, government agencies, contractors and consultancy firms advising contractors and developers. Siobhan is on the FIDIC President’s List of Approved Dispute Adjudicators, and on the panels of Arbitrators and Conciliators held by Engineers Ireland and by the Chartered Institute of Arbitrators. She is Chair of the Dispute Resolution Board of Engineers Ireland.
She is a very frequent speaker at FIDIC international conferences, at FIDIC/ICC (International Chamber of Commerce) conferences, and at training workshops and seminars run by the Chartered Institute of Arbitrators and Engineers Ireland. In FIDIC, Siobhan is a member of the Contracts Committee (CC) and CC’s ‘Principal Drafter’ for updating the FIDIC construction, plant & design-build and EPC/turnkey forms of contract.
Ger Bythell is civil-structural engineer and a director with Arup. Based in the Dublin Office, Ger leads the Advisory Services Team (Project Management, Business Investment Advisory, Cost Management, H&S Management) and also is responsible for the Fire, CFD and Aviation Business. Ger has post-graduate diplomas in Financial Management, Construction Law & Contract Administration and Strategic Project Management, and is the Arup representative on the leadership team of LCI (Lean Construction Ireland). Ger is a Chartered Engineer and was awarded Engineers Ireland Chartered Engineer of the Year Award in 1997, and currently sits on the Dispute Resolution Board of Engineers Ireland. Ger has lived and worked in the US, Denmark, Azerbaijan and Bangladesh leading challenging industrial and aviation projects working closely with Arup Clients and Partner firms. Ger has spent over six years working on-site in Ireland and abroad managing and administering construction contracts.