Arthur Cox is a leading adviser to the construction industry with an enviable depth of local and international experience and expertise. In addition to our significant expertise across the island of Ireland, our team boasts experience in projects across Europe, the United Kingdom, Africa and the Middle East. Our expertise is enhanced by our broad client base, from Irish and international contractors, public and private sector employers, funders and consultants. Working closely with our clients, we bring to each project an understanding of the industry which can only be gained by experience.
Ireland’s physical and economic landscape over the past 10 years has been characterised by phenomenal construction and development activity, transforming the State into a modern 21st century economy. Construction activity continues to dominate most industry sectors, be they transport, health, education, justice, communications, residential, foreign direct investment, waste, energy, tourism or manufacturing. Sustained high levels of construction activity continue to bring change, challenge and opportunity to the construction industry and its clients. The influx of overseas participants, from contractors to consultants to funding institutions continues the development of this sector.
New developments in the industry include greater use of international forms of contract (such as FIDIC, NEC, IchemE, JCT), new methods of contracting and risk allocation (such as EPC, GMP provisions, the new Public Works Contracts, Construction Management, Management Contracting) modern project financing techniques such as limited/no recourse lending (as characterised by PPP schemes), revised EU public procurement and tendering procedures; new and expanded regulation of health and safety in construction and streamlined dispute resolution techniques (such as adjudication and mediation). Each of these has fundamentally changed the contracting landscape to one of continuous development and adaptation.
These changes are not merely challenges to the construction industry and its clients, but also to its advisers, particularly lawyers. The emergence of construction as a recognised specialist area of legal practice arises from the demands of clients for experience, expertise, commitment and dedication to the particular requirements of their industry.
Our experience is exemplified in the dynamic, commercially focussed approach taken to every matter in which we are involved. We integrate into the project team, working with our clients to ensure that the project proceeds in a way to best meet its commercial objectives. We offer specialist advice across all aspects of the construction process including:
- Advice regarding site acquisition
- Procurement strategies and frameworks
- Structuring of bid arrangements and joint ventures
- EU procurement systems, compliance and advice
- Advice, drafting and negotiation of all forms of construction contracts and subcontracts (standard forms/modified standard forms and bespoke) including :
- EPC/EPCM Contracts
- Design Build Contracts (including DBO and DBFO)
- Construction Management and Management Contracting
- GMP Agreements
- Alliance Contracting
- Framework agreements and contract suites
- Advice drafting and negotiation of various consultants appointments
- Collateral Warranties
- Bands and Performance Security
- Public Private Partnerships
- Project Finance
- Development agreements
- International and domestic arbitration
- Safety compliance and representation
- Industrial relations advice
- All methods of dispute resolution including conciliation, arbitration, adjudication, mediation and litigation
We have advised on major projects have included advising in the following sectors:
- Roads
- Rail
- Process manufacturing
- Pharmaceutical/Bio-Pharma and technology plants
- Energy
- Ports and airports
- Residential, industrial, commercial, retail and tourism development schemes
- Shopping centres
- Health, Education, Justice
- Water and waste
- Acting for Treasury Holdings in respect of the Spencer Dock, Irelands largest urban regeneration project, comprising over 3 million square feet of office space, residential towers and National Conference Centre.
- Advising Biodiesel International on the first biofuels facility in Ireland.
- Acting for Intel in respect of the construction of its Fab 24 Plant at Leixlip.
- Acting for the developer of the world's largest Bio-pharma manufacturing and research campus at Grangecastle.
- Acting for the Railway Procurement Agency in respect of its 7 extensions to its LUAS light rail network.
- Acting for Irish Rail in respect of its Cuttings and Embankments network upgrade and in respect of the Kildare Route Project railway duplication project.
- Acting for Translink/Northern Ireland Railways in respect of its Belfast to Bangor rail relay project.
- Acting for Dublin Airport Authority in respect of the Cork terminal redevelopment and its Dublin Airport Pier D extension.
- Acting for Dublin Airport Authority in respect of the develpment of a four star hotel and car park in termainal 2.
- Acting for Viridian Group in connection with the construction of the 343MW CCGT Huntstown Power Project and the development of the 400MW CCGT Huntstown Phase II Power Project.
- Acting for the Celtic Roads Group in respect of the M1 Dundalk Western By Pass PPP Motorway
- Acting for NTR plc in respect of the Eastlink and Westlink toll roads
- Acting for the design build contractor in the Ennis and Ballincollig By-Pass roads schemes
- Acted for the Contractor on the Dublin Port Tunnel
- Acting for Bristol-Myers Squibb/Swords Laboratories in respect of its Cruiserath pharmaceutical manufacturing plant
- Advising lenders in respect of the Bundled Schools and Cork School of Music PPP schemes
- Advising the National Development Finance Agency in respect of the roll-out of its PPP programme in respect of Education, Health and Justice projects.
- Advising the EPC Contractor on the Thornton Hall Prison PPP Project
The Practice
Arthur Cox has a leading Construction Law practice. Our growing Construction Group in Belfast comprises three partners and five associates. Our clients are important to us and everything we do is driven by our clients’ needs and objectives. Our aim is to give practical no-nonsense advice in plain English which can be easily understood and followed by our clients. We listen to our clients and due to extensive knowledge of the construction industry we understand the problems and pitfalls facing people involved in the construction industry be they Government departments, funders, developers, contractors, members of the professional team or sub-contractors.
Expertise
Our Construction Group is able to combine a depth of experience and expertise in all matters relating to construction and engineering with an understanding of the commercial objectives and imperatives of our clients. Our experience spans a breadth of industrial and commercial sectors, including transport infrastructure (road, light and heavy rail, airports), social infrastructure (education, health and urban regeneration), energy (gas and electricity generating plants and pipelines, wind energy), waste and water treatment facilities (including bio-fuel and waste recovery facilities), telecommunications, pharmaceutical and specialist manufacturing, retail, commercial and residential property development.
The Group provides advice on both contentious and non-contentious matters to contracting authorities, developers, contractors, construction professionals and funders. We advise on procurement strategy, considering the most appropriate form of contract (utilising both UK and international standard forms), advising on amendments required for a particular project, as well as drafting bespoke contracts. Our advice spans the life of a project and our construction team has an impressive depth of experience in adjudication, arbitration, litigation and mediation involving all types of project, thus ensuring effective dispute resolution.
In addition, we have extensive experience in advising lenders to the construction industry and in particular have acted for a number of local banks on transactions with Northern Irish registered housing association borrowers.
All members of our Group are industry specialists and can draw on a wide variety of skills and experience from both within the Construction Group and from other specialist departments within Arthur Cox (including, amongst others, procurement, projects, banking, property, planning, environmental, energy and corporate) to provide seamless delivery of timely and comprehensive advice. Members of the team also work closely with construction colleagues in our Dublin office.
We provide a quality value for money service and offer specialist advice across all aspects of the construction process, including:
- the preparation, negotiation and review of development, construction, engineering and professional contracts
- the preparation, negotiation and review of bonds and collateral warranties
- all methods of dispute resolution including litigation, arbitration, mediation or adjudication
- project finance, PFI and PPP
- professional negligence
- environmental liability
- health and safety law
- insolvency issues
- public procurement issues
Experience
Recent work highlights include:
- Titanic Signature Project – advising Belfast City Council in relation to the Construction elements of the Signature Project at Titanic Quarters, Belfast
- Belfast Schools PPP Project - Advised Amey Plc on the construction and property aspects of the Belfast Schools PPP Project which recently reached financial close
- Public Works Contracts - Advised the Association of Consulting Engineers of Ireland (ACEI) on the new Public Works Contracts and the implications for engineers
- Giants’ Causeway Centre & Cushendall Marina - Ongoing advice to Moyle District Council on the proposed redevelopment of the visitor facilities at the
- Giants’ Causeway and the construction of a new marina in Cushendall
- NI Waste Infrastructure Plan - Advising arc21 (11 councils) and SIB, PDSU, DOE on its NI Waste Infrastructure Plan, including advance works design and construction contract and related documentation
- Victoria Square - Advised Q-Park in relation to construction issues at Victoria Square
Construction Contracts Scheme Defence - Defending a telecommunications client on a £7m adjudication claim under the Construction Contracts Scheme – the award made was limited to less than £30,000
- Belfast to Bangor rail relay project - Acting for Translink / Northern Ireland Railways in respect of its Belfast to Bangor rail relay project
- Workplace 2010 - A member of the Construction Group advised SIB in relation to the DBFM elements of the Workplace 2010 project for the delivery of government office accommodation across Northern Ireland
- Advising the Devine Group on building contracts and ancillary documentation in various projects
Endorsements
'Arthur Cox has a dedicated team of construction specialists, operating on an “All-island” basis and offering expert advice to contracting authorities, developers, contractors, members of design teams and funders.'
Chambers UK: A Client’s Guide to the UK Legal Profession, 2009
'…this firm boasts pan-Ireland expertise in all things project-related, including construction…'
Chambers Europe: Europe’s Leading Lawyers for Business, 2007
People
Ross Davidson
Jane Hollway