Northern Ireland Adjudication Society Conference 25 th October 2012 Anthony Hussey

2 Topics –The Construction Contracts Bill –Public Sector Contracts operating in Ireland –Conciliation

3 The Construction Contracts Bill –Impetus has flagged. –Security Bonds. –Code of Practice. –Appointments from Panels? –Constitutional implications.

4 The Public Sector Contracts –Risks transferred to contractor including Consents, Legal Requirements, Ground Conditions. –Clause 9.4: Contingency period and contingency sum already included in the contract price. –Delay damages are predetermined. –Damages for unlawful termination curtailed. –Costs in arbitration borne by the parties.

5 Conciliation Disadvantages –Parties do not prepare properly. –The decision is not binding. –Great diversity of approach among conciliators.

6 Conciliation Advantages –If properly run it can demonstrate the strengths and weaknesses of the parties very successfully. –70 – 80% success rate.