Diploma in Construction Law

Programme objectives

On completion of this Diploma in Construction Law training programme, participants will be able to:

• Professionally communicate to a range of diverse construction-management stakeholders, demonstrating in-depth knowledge of the principles of construction contracts and the rationale for amending standard form contracts;
• Explain and identify the impact and interaction of contract law and tort in the construction process;
• Advise on compliance with statutory obligations, including health and safety and building control legislation;
• Critically assess and report on the implications of important case law developments and legislative changes;
• Develop skills to evaluate and critically analyse how a contract is discharged and identify how a contract is performed and breached;
• Describe how alternative dispute resolution mechanisms (such as adjudication and arbitration) operate and provide advice to clients on the merits and suitability of these different mechanisms.

Programme structure and approach to learning

This advanced-level diploma course aims to provide a comprehensive overview of the specialised discipline of construction law and practice in Ireland. The increasing complexity of construction law provides for a proliferation of contracts and conflict and dispute resolution mechanisms. This complexity has led to a demand for professionals with the skills to analyse, manage, and solve intricate problems that often arise on major projects.

This diploma takes a practical approach to the complex issues that arise from the multiparty nature of the construction process. Students will be introduced to the standard forms of construction contracts, with particular focus on the public works and RIAI contracts. There will be specialised introductory streams for lawyers and non-lawyers and specific modules on the tendering process and construction dispute resolution. Other prominent areas of study include the Construction Contracts Act 2013, allocation of risk between the employer and the contractor, collateral warranties and bonds, specialists and subcontractors, and the Building Control (Amendment) Regulations 2014. Practical training through the use of case studies and workshops will be enhanced by consideration of the overall regulation of construction and the role of regulatory authorities, case law, and recent and future developments.

Modules

The programme is based on the following module scheme:

Module 1: An introduction to Construction Law

• Specialised stream for lawyers introducing the construction process,
• Specialised introductory stream for non-lawyers introducing the principles of the law of contract,
• An overview of the standard forms of contract,
• Specialists and subcontractors.

Module 2: Construction procurement – the tendering process

• An overview of the Public Procurement Directive,
• The tendering procedure,
• Remedies available to unsuccessful candidates.

Module 3: Construction contracts

• Responsibility for design in construction contracts,
• Lump sum and quantities contracts,
• Supply chain: subcontracting,
• Change,
• Time and completion,
• Security and overall liability,
• Ordinary certification and payment.

Module 4: Construction dispute resolution 

• Multiparty construction litigation,
• Conciliation and mediation,
• Dispute resolution through adjudication,
• Arbitration practice and procedure.

Workshops

Workshops are a key feature of this course. These are designed to be interactive and involve working in groups on selected case-study problems and analysis, with an emphasis on the application of construction law to common scenarios encountered in practice.

Assessments

Continuous assessment and three-hour closed-book written examination.

Who should attend?

This course is suitable for:

• Solicitors currently working in the area or those who would be interested in practising in this area,
• Dispute resolution solicitors and barristers looking to broaden their understanding of an area of law that generates a large amount of claims and litigation,
• Construction professionals, including engineers, claims surveyors, and expert witnesses.

The course is also recognised by Engineers Ireland for CPD purposes.

We welcome applications for this course from suitably qualified non-members. Please explain your interest and set out any relevant experience in a cover letter and a brief CV. Such applications are subject to a supplemental fee of €300.

Faculty

The teaching faculty for this diploma will comprise a mixture of experienced practitioners and industry experts.

Previous lecturers have included:

• Eamonn Conlon, A&L Goodbody,
• Martin Cooney, ByrneWallace LLP
• Anna-Marie Curran, A&L Goodbody,
• Fiona Forde BL,
• Cormac Little, William Fry,
• Bernard Gogarty, Smyth & Son,
• Jarleth Heneghan, William Fry,
• Simon Fraser, Hussey Fraser,
• Damien Keogh, Damien Keogh & Associates Solicitors,
• Deirdre Ní Fhloinn BL,
• Niav O’ Higgins, Arthur Cox.

CPD

We have designed our courses to enable you to satisfy as much of your CPD requirement as possible. Time spent attending lectures and workshops in person or completing these via e-learning as part of your course can be claimed towards your annual CPD requirement. The number of hours of CPD that you may claim in relation to your diploma/certificate course will depend on the way in which you access each of the individual sessions. Please note that the limit for e-learning has been removed for the 2021 CPD cycle. For further information, visit the CPD scheme and download the CPD booklet. Note that this course offers registered Engineers Ireland ‘CPD Training’.

The Diploma Centre team will host our annual CPD conference in November 2021. This complimentary event is a dedicated management and professional development skills and regulatory matters session. We will post an invitation on your Diploma Hub page later in the year.