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Construction, Projects and PPP

No other firm in Ireland has the depth of resources and recent PPP experience that we have.

quotes Philip Lee invest in their clients and demonstrate this through their understanding of not just the client's legal issues but the client's business.
Legal 500, 2022

Within the law guide rankings for Projects and PPP, Philip Lee is consistently ranked as a top tier firm so you can be assured that you are being advised by true specialists.  The partners in the Construction, Projects and PPP group include Kerri Crossen, Jonathan Kelly, Damien Young, Clare Cashin, Angelyn Rowan, Hugh Cummins and Philip Lee. Collectively they have advised public and private bodies on over 200 major projects, among which are some of the largest infrastructure projects undertaken in Ireland.

The work we do:

  • Advising Westmeath County Council on a 650 unit housing development in Athlone.
  • Advising the preferred tenderer Equitix/ Kajima on Social Housing Bundle 2 PPP which is expected to reach financial close this summer.
  • We advised Port of Cork on its significant redevelopment project of Ringaskiddy Port worth approximately €100 million. We also advised on the procurement, construction and due diligence aspects of the project and in relation to funding documents.
  • Advised the works contractor on all construction documents for the building of two service areas at Athlone and Kilcullen. These works were being carried out under the Motorway Service Areas Tranche 2 PPP which closed in July 2018 and the construction contract was a bespoke pass down of the main PPP project agreement.
  • Advised the sponsor, a BAM-Iridium consortium, on a €230 million roads PPP project which reached financial close in January 2016.
  • Advised Wicklow County Council on the development of a shopping centre. We advised on the tender procedure for the appointment of a developer/contractor and drafted the Development Agreement to carry out the design and construction works valued at €30 million.
  • Advised Beaumont Hospital on the development of a new blood services laboratory at the existing hospital. We advised in relation to a challenge to their award of the contract by the unsuccessful tenderer.
  • Advising the HSE on the establishment of a framework panel for the appointment of design team consultants for HSE building projects. We advise the HSE on their various projects and disputes.
  • Advising the developer on the full suite of contractual arrangements/documents for the demolition of an existing office building and the contract for a new City Centre office block.
  • Advised the developer in relation to the redevelopment of a Dublin City Council social accommodation site at Charlemont in Dublin 2. This flagship project closed in December 2015 and construction completed in December 2017.
  • Advised Balfour Beatty/JJ Rhatigans as the Construction Joint Venture to the successful consortium for the Primary Care Centres PPP. This closed in May 2016.
  • Advised the NDFA on Schools Bundle 5 PPP which closed in July 2016 and Schools Bundle 4 which reached financial close in December 2014. Currently advising on issues arising following the insolvency of the main contractor and the appointment of a replacement contractor.

Key areas where clients seek our advice:

  • Understanding of risk: The key to a successful project in the PPP area is an understanding of what risks can and cannot be transferred from the public sector to the private sector.
  • Providing efficiencies: Thanks to our many years of experience our clients find that project negotiations become efficient, concise and non-adversarial.  Our group provides advice that is friendly, accessible and has the benefit of a long history of success and specialist expertise.
  • Broad experience: We act for private sector sponsors, project lenders and the public sector. That means we understand what is required to balance the needs of the public and private sectors, allowing us to develop contracts that keep PPP projects moving forward.

“Experienced, responsive and producing excellent quality output.” – Chambers Europe 2022

Further clarity on the enforcement of adjudicators’ decisions in construction payment disputes

Mandatory CIRI registration for contractors to be put on statutory footing

Changes to Irish public works contracts to address construction materials price inflation

Construction price inflation – Will there be some relief for Contractors?

‘No Time to Argue’ – Two recent High Court decisions on enforcement of an adjudicator’s decision reaffirm the “pay now, argue later” approach to payment disputes pursuant to the Construction Contracts Act 2013. 

MetroLink – Latest update from Transport Infrastructure Ireland

Don’t delay on your co-defendants

An overview of the National Development Plan 2021-2030

The Act trumps the contract – High Court enforces adjudicator’s decision, reminding parties that adjudication is an option notwithstanding the contractual dispute resolution provisions

Will the introduction of an external assurance and review process assist with the delivery of major infrastructure projects on time and on budget?

Case Update: Supreme Court decision – NECI v The Labour Court, The Minister for Business, Enterprise and Innovation, Ireland and The Attorney General

COVID-19 in Ireland – Restriction on travel to the Republic of Ireland, the latest regulations and the impact on the construction sector

The winner takes it all… provided the Legal Services Regulation Act 2015 doesn’t apply

South Dublin County Council District Heating Project

‘Just Got Paid’ – High Court delivers first adjudication enforcement judgment pursuant to Construction Contracts Act 2013

Latest COVID-19 legislation: Implications for the construction sector

Introduction of the Health Act 1947 (Section 31A – Temporary Restrictions) (COVID-19) (No. 8) Regulations 2020 – Construction confirmed to remain operational under Level 5 Restrictions

COVID-19: Impacts for the Employer to consider on Projects under Contruction/Contract

Update to the Health Act 1947 (Section 31A – Temporary Restrictions) (COVID-19) (Amendment) Regulations 2020

Health Act 1947 (Section 31A – Temporary Restrictions)(COVID-19) and its impact on the Construction Sector

COVID-19 to lead to a force majeure outbreak?

MetroLink Market Update

Constructing transparency in a land of confidentiality

Fitness for Purpose and a Tale of Turbines!

Are confidentiality and transparency two sides of the same coin?

New Fast Track Planning Process for Large-Scale Developments

Safety, Health and Welfare at Work

The Mediation Bill 2017 and the Role of the Legal Representative

Mandatory CIRI Registration for Contractors

Collateral Warranties And The Construction Contracts Act, 2013

Key definitions under the Safety, Health and Welfare at Work Act 2005

The Construction Contracts Act 2013

Let’s Talk Turkey

Are accident reports privileged?

Construction Group Update – June 2015




Continuing on from our earlier articles in...

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On 28 September, partners Philip Lee and Kerri Crossen will take part...

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Jonathan Kelly

Damien Young

Kerri Crossen

Clare Cashin

Philip Lee

Angelyn Rowan

Hugh Cummins

Eimear Fitzgibbon