Course Overview

Diploma in Construction Law course is designed for construction, engineering and legal professionals.

The course provides a detailed overview of the Irish construction law landscape.

In this rapidly developing area of law, this diploma analyses the core regulatory provisions of the construction site from the perspective of employers, contractors, sub-contractors, and architects.

Course Modules

Week 1 Overview of Construction law and introduction to the Irish legal system
• Court structures
• Precedent
• The construction process from initial conception of the project to demolition
• Key construction stakeholders

Week 2 Overview of the law of contract and tort
• Duty of care
• Liability for defective products
• Causation and remoteness
• Essential elements of a contract
• Agreement
• Conditions and warranties
• Vitiating factors to a contract
• Remedies

Week 3 The construction contract and the key stakeholders
• How construction contracts differ from other forms of contracts
• RIAI contracts
• FIDIC contracts
• PWC contracts
• Contractual amendments
• Key trends in construction contracts
• Construction administration

Week 4 Introduction to construction procurement
• Introduction to procurement contracts
• Tendering process
• Features of a tender
• Traditional build only contract
• Design and build contract
• Construction management contract
• Management contracting
• Public procurement directives

Week 5 Risk allocation
• Roles and responsibilities
• Practical certificate of completion
• Construction administration
• Delay
• External factors

Week 6 Health and safety on the construction site
• Overview of health and safety regulations
• Risk allocation
• Recording of health and safety obligations
• Hazards and risks

Week 7 Construction insurance
• Interaction between construction, insurance and the law
• Responsibility and liability in construction
• Indemnities
• Insurance clauses
• Professional indemnity insurance
• Alternative methods of insuring

Week 8 Alternative dispute resolution
• Advantages of non-litigious forums of resolution
• Arbitration
• Arbitration Act, 2010
• Mediation
• Mediation Act, 2017
• Conciliation

Week 9 The Construction Contracts Act
• Payment disputes
• Delay disputes
• Suspension of works under the Construction Contract Act
• The role of alternative dispute resolution in the construction process
• Construction adjudication

Week 10 Construction litigation
• Difficulties associated with construction litigation
• Civil procedure introduction
• Parties to litigation
• Who to sue?
• Law of evidence
• Comparative analysis

Learning Outcomes

– Understand the legal foundations surrounding a construction contract
– Understand the diverse range of stakeholders to a construction contract
– Appreciate the impact and interaction of the law of tort and contract law in the construction process
– Demonstrate an understanding of statutory obligations surrounding the area of construction law inclusive of any health and safety legislation
– Be aware of and be able to advise on the appropriateness of alternative dispute resolution mechanisms specifically designed for construction disputes.
– Assess the implications of developments in relevant case law and legislation
Evaluate and analyse how construction contracts are discharged, performed or breached

Course Award

City Colleges Diploma

Assessments/Examinations

A pass grade on the written assignment will be required for awarding of the Diploma in Construction Law. A fail grade will result in a Certificate of Attendance for the course but without the Diploma being awarded.

The Diploma in Construction Law is assessed by way of written examination (70%) and continuous assessment (30%).

Lecturer

Conor Duff

LLB, BL

Conor Duff is a graduate of Maynooth University (LL.B.); The Honorable Society of King’s Inns (B.L) and the Law Society of Ireland (Dip. Construction law). He graduated from Maynooth University and the Law Society of Ireland with first-class honours in both his LL.B. degree and his Diploma in Construction Law. He went on to qualify as a Barrister and has a general practice with a particular emphasis on commercial and construction disputes. He is also a member of the Irish Construction Bar Association and has attended many construction conferences including the International Construction Bar Association conference. At present, he lectures the Diploma in Anti Money Laundering at City Colleges and lectures Contract law on our FE1, King’s Inns, and QLTT preparatory course.

Conor was commended for his work at undergraduate level having ranked in the second percentile in his year at Maynooth University. He also was a finalist at the Irish Law Awards for “Law Student of the Year”. He has extensive advocacy experience having won the UCC Matheson Moot Court Competition, the National Negotiation Competition going on to represent Ireland in the International negotiation competition, and was a semi-finalist in the Adrian Hardiman Moot Court Competition.

Conor has recently published a book on European Union Treaties and Related Secondary Legislation.

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