Explore Our Services
Contract risk reviews
We have extensive experience from reviewing and advising on contracts. Our approach is focussed on addressing the key issues and avoiding the need to comment on every potential risk. This approach makes the negotiation stage more efficient and helps our clients to build and retain relationships with clients and their supply chain.
We provide a traffic light report which indicates the various contractual risks. It also informs our clients where further commercial consideration may be required in their pricing to cover the scope being requested.
We have experience negotiating contracts in the UK, Ireland, Spain, Switzerland, Germany, Denmark, Sweden, France, the Netherlands and Austria. The service we provide aims to build collaboration and trust during the pre-contract phase which is carried forward into the construction phase.
Contract Drafting
Our contract drafting service is focussed on helping client organisations to draft the building contracts and consultant appointments. We also help main contractors, sub-contractors and consultants to draft their own sub-contracts and appointments.
Our approach is to draft contracts which represent sensible risk allocation to parties who are best placed to manage those risks. We work closely with clients to understand their own contract and then how to apply clauses with their supply chain.
Client Advice Retainer
Ahern Law have extensive experience working as in-house solicitors for construction companies. We are well placed to understand risks which smaller businesses face but they may not be ready to employ their own in-house solicitor.
Our approach is to always be available to support the business owner and their site teams to navigate their day-to-day issues. This support service allows Ahern Law to become part of the team and give support at critical stages of a project. The success of this service is evident by the fact that Ahern Law continues to act as legal counsel for firms where they previously worked in-house.
This service for current clients typically works as follows:
Pre-contract phase:
Complete pre-contract risk reviews of each contract they receive to identify contractual risks and potential opportunities
Review collateral warranties, parent company guarantees, bonds, indemnities etc. before they are signed and returned
Negotiate contract terms and amendments with the employer or main contractor
Draft supplementary agreements to suit the requirements of each project such as non-disclosure agreements, novation agreements,
Review and draft letters of intent
Review and draft pre-construction service agreements
Construction phase:
Draft contract amendments to transfer risk down to their supply chain on a back-to-back basis
Provide a presentation to the site team identifying key risks and giving advice on how to administer the contract
Agree with the site team what records will be kept which will best protect interests and support their position
Give legal opinions and advice to the site team based on live issues regarding claims, delays and variations
Attend monthly meetings with the site team to review commercial and site progress
Draft letters and correspondence to main contractor and/or subcontractors to ensure that written record puts their best case forward
Post-Contract Phase:
Representation in dispute resolution processes including negotiation, mediation and adjudication.
Draft and negotiate settlement agreements
Recover unpaid debts and invoices
Dispute Resolution
Negotiation
We have extensive experience in negotiating final accounts including contentious issues such as variations, loss and expense and extensions of time. Conor has negotiated 100’s of these issues and uses his skill and knowledge to be creative and find ways to negotiate the best outcome for clients.
Adjudication
Statutory adjudication is now in place in Ireland following the introduction of the Irish Construction Contracts Act 2013. This gives parties the right to adjudicate their construction disputes at any time. The deadlines in an adjudication are extremely tight and require significant collaboration and teamwork. Conor has been involved in adjudications ranging from €100,000 to €5million in Ireland and the UK and is well placed to help parties navigate this intense process.
Litigation
The final resort to dispute resolution in Ireland is litigation proceedings. With experienced experts and counsel available to support, Ahern Law are well placed to assist parties to navigate this intense and difficult process.
Conciliation
Conor was involved in early conciliation disputes under the Public Works Contract in Ireland from 2008 to 2010. Conciliation is still a popular method of resolving disputes particularly under the Public Works contract with values over €10m where a standing conciliator is appointed.
Mediation
Conor is an accredited mediator and has experience in mediations as party representative. Mediation can be a very effective way of resolving disputes, particularly in construction. The Mediation Act 2017 places a statutory requirement on parties to consider mediation prior to proceeding with litigation.
Arbitration
Our lead solicitor Conor is a Fellow of the Chartered Institute or Arbitrators and has experience in the arbitration arena to help resolve your arbitration dispute.
Training and support
Ahern Law are passionate about continued learning and it is a cornerstone of the firm. Conor is a practicing lecturer in Ireland and regularly gives talks to students and industry practitioners on topical issues facing the construction industry. Conor also provided lectures to the Royal Institute of Chartered Surveyors and the Society of Construction Law in the past.
Conor has experience of many forms of contract in Ireland and all over Europe. This is particularly useful for Irish companies who are working in Europe especially those companies operating in the mechanical and electrical area.
We provide training on the following forms of contract:
Ireland – RIAI / Public Works / CIF
UK – JCT / NEC
Germany – VOB
Switzerland – SIA
Denmark – AB18
Holland - UAC
Other – FIDIC and Bespoke
CONTACT US
We offer a free initial consultation for potential clients. Please send an email or call us on the number below.
Email:
info@ahernlaw.ie
Phone
+353 87 3699 654