Matheson


Practice Areas

Construction and Engineering

Related Expertise

Expertise

"The quality of the work here is very strong – the lawyers are knowledgeable, offering good advice for any questions asked."
Chambers Europe

Matheson’s Construction & Engineering Group which is led by Rhona Henry, is comprised of two multi-disciplinary teams with the specialist knowledge and legal skills that are required to service the advisory and dispute resolution needs of our clients in the construction and engineering sectors.  Our Group is recognised for its delivery of focused and strategic advice that is dedicated to meeting the needs of our clients.

Our Construction and Engineering lawyers are recognised as leaders in their field who provide clear, commercial, concise and timely advice on construction and engineering projects, which is directed at identifying the simplest and most cost effective route to achieving clients' objectives. We have invaluable industry expertise in our Group as one of our senior associates is a registered architect (RIAI) and an assigned certifier.

The Construction & Engineering Group is distinguished by:

  • its mandate across the largest transactions in the State including a mandate to act on behalf of the developer in relation to a mixed-use docklands development of enormous strategic significance with an overall capex of €300 million;
  • its construction / development lending specialism: the group is currently instructed across a loan portfolio of in excess of €420 million;
  • its recent experience / expertise in complex forward purchasing arrangements / solutions;
  • a specialism of crafting procurement strategy solutions to facilitate a fast pace of development;
  • incorporating dedicated PPP construction expertise; and
  • encompassing a construction litigation specialism and providing a ‘full service’ offering to clients.

At all times we aim to provide services which are consistent with our clients' commercial requirements and long-term needs. This focused approach is key to ensuring our clients receive technically expert advice with a clear commercial approach.

We work with a variety of clients based in Ireland and overseas including local authorities, semi-state bodies, funders, developers, employers, contractors and designers. Our Construction and Engineering practice forms an integral part of the firm's Projects Group.

The Construction and Engineering team's areas of practice include:

  • Major international construction projects including pharmaceutical plants, infrastructure projects, utilities, data centres, power and process plants, corporate headquarters and commercial offices;
  • Bespoke project agreements / construction contracts (including RIAI, FIDIC, MF /1 (Revision 4 and 5), NEC and JCT contracts);
  • EPC contracts;
  • Professional / design team terms of engagement;
  • Project / construction contract security including bonds, warranties and guarantees;
  • Procurement strategy route (design and build, management contracting, construction management, EPC);
  • Project / construction health and safety issues / project supervisor appointments;
  • Collateral warranties / direct agreements;
  • Forward Funding Arrangements;
  • Facilities management / services agreements; and
  • Interface agreements.

Experience Highlights

  • Oxley Holdings Limited in relation to its involvement with Dublin Landings, a mixed use development of enormous strategic significance at North Wall Quay, Dublin.  Dublin Landings is adjacent to the recently opened Central Bank of Ireland building on North Wall Quay and it comprises up to 10 per cent of all of the development land available in the Dublin Docklands Strategic Development Zone. It is designed to incorporate over 600,000 square feet of office space, 270 luxury residential apartments and landscape gardens as well as amenity spaces including roof gardens and terrace, a hotel, a gym and city streets (capex circa €300 million).
  • A large financial institution in relation to a development facility in excess of €176 million for the development of a 395 acre forest holiday village in County Longford, Ireland. The development, which is the first of its kind in Ireland, is expected to be completed by 2019.
  • A funder in relation to the project financing of a €235 million flag ship mixed use development. The Dublin Docklands scheme is to have 32,000 square metres of office space and 190 residential units. The advice includes complex forward funding purchasing arrangements entered into with a funding giant through its acquisition of 200 Capital Dock as the first major office occupier to commit to this mixed use campus development. Rhona advised the funder on a suite of construction contracts, interface agreement and issues, consultant engagements, collateral warranties, direct agreement and construction insurances including in relation to owner controlled insurance policies and the specific cover available in the market for consultants / contractors.
  • A number of large indigenous financial institutions in relation to the build out of student accommodation in this jurisdiction (total capex €120 million).
  • e|net, John Laing, SSE, Berkshire Hathaway, Kelly Communications and Granahan McCourt Investments (one of the short listed bidders) on its tender to design, build and finance the rollout of high speed broadband under Ireland’s national broadband plan.  This is the largest ever infrastructural project in a telecoms sector in Ireland (capex €1.5 billion). In particular, Rhona is advising the consortium in relation to a complex set of construction contracts in relation to passive infrastructure, active infrastructure and operation and maintenance obligations which will sit underneath the project agreement. Matheson has been advising and assisting in relation to the appropriate procurement strategy for the works and services to be procured pursuant to the project agreement, in particular the “bundling” of the sub-contracts.
  • A European high end retailer in relation to its leasing of a purpose-built warehouse facility in Dublin including drafting and negotiating appointments for the consultants designing the warehouse, suite of collateral warranties and the construction obligations contained in the agreement for lease.

Development Financing

  • Bank of Ireland in relation to its funding of the Herbert Park Hotel development comprising construction of a mixed-use scheme of a new office building; aparthotel building and the extension of the Hotel, including carrying out commercial focused construction due diligence on the project documents (matter value €17 million).
  • Bank of Ireland in connection with its provision of a loan facility for the purpose of part-financing the development of 55 Charlemont Place, a landmark headquarter six storey office building comprising 5,375 square metres including key red flags legal due diligence on the construction documents package.
  • A large indigenous developer in relation to the development of a city centre quays location to include approximately 146,000 square feet of office space together with 40 apartments and landscaping.  Rhona advised on the contract for works, letters of intent, a suite of consultant appointments based on bespoke forms, building control issues in connection with landlord / tenant works, insurance issues and contract security in particular (capex €63 million euro).

Capital Developments

  • American drinks giant on the build out and development of a €44 million flag-ship whiskey distillery in Co Meath. This is the first distillery built by the drinks giant outside of the United States. Rhona advised on and drafted a full suite of project documents for the design, procurement and construction of this prestigious development.
  • An international online retail giant on the Cat A and Cat B fit out of a premises on Burlington Road, Dublin 4, Ireland. The six storey over double basement block will extend to 15,992 square metres (172,000 sq. ft.) and will span almost 100 metres. The letting will be the largest in Dublin for several years, and the first major Central Business District office development to come on stream since the economic downturn.
  • A Norwegian cheese producer on a development of a facility for the production of cheese in Ireland including a co-operation agreement with one of the Ireland’s largest processors of milk and construction contracts for the build out of the facility.
  • A European high end retailer in relation to its leasing of a purpose-built warehouse facilities in Dublin including drafting and negotiating appointments for the consultants designing the warehouse, suite of collateral warranties and agreement for lease.
  • A large international financial institution in relation to a €106 million forward purchase of a new 12,000 square metre office block in Dublin including review and negotiation of the forward funding agreement on construction related matters and full due diligence on construction suite of documents for the sale.
  • A leading global healthcare company in relation to an extension to and fit-out of an existing facility in County Longford, including advice on construction contracts and a professional services agreement in connection with architectural, engineering, quantity surveying, project management and construction management services.
  • A global pharmaceutical group in relation to the delivery of significant capex projects in Dublin including crafting works contracts for expansion projects at its site in Dublin comprising bespoke provisions to ensure compliance with the legal requirements in this jurisdiction.
  • A provider of manufacturing automation products in relation to a fit out and renovation of its premises including drafting and negotiation of construction contracts for the works, collateral warranties and contract securities.
  • A French asset management company in relation to a €45 million acquisition of a new build 3,420 square metres office building in the heart of Dublin’s central business district including full construction due diligence of building contracts, consultant appointments and related collateral warranties.
  • Numerous sponsors and lenders in relation to TSAs, EPCs, O&Ms, BoPs for the construction of wind farm projects in Ireland.
  • The successful bidder in relation to a services concession to design, build and operate fuel farm tanks at Dublin Airport.
  • CLH Aviation Ireland on all legal aspects of its successful bid to design, build and operate a new fuel terminalling facility at Dublin Airport.

PPP

  • The consortium comprising Granahan McCourt, enet, SSE, John Laing Group plc on its tender to design, build and finance the roll out of high speed broadband to 542,000 premises under the largest ever infrastructure project in the telecoms sector in Ireland National Broadband Plan including advising on the project agreement and construction aspects of this infrastructure project (capex circa €1.5 billion).
  • A large facilities management provider in respect of a facilities management contract in relation to the Primary Care Centre PPP in this jurisdiction. This included advice on the project agreement, the facilities management agreement, the direct agreements (Funder and Authority), the project guarantees and the works contract.
  • PPP Co in relation to their rights and obligations under, and provisions of, the project agreements, O&M contracts and interface agreements for School Bundle 1 and 2 PPP.
  • KFW IPEX Bank and funders in relation to Schools Bundle 5 PPP project.  Rhona has advised on Irish law aspects of the works contract, services agreement, contract security, interface agreement and direct agreements (estimated capex €91 million euro).  Rhona has also advised the funder in relation to issues in connection with compulsory liquidation of Works Co on the project.
  • KFW IPEX-Bank and AIB, funders to BAM PPP in relation to Schools Bundle 4 PPP Project.
  • An international healthcare solutions provider in a PPP project to provide for a new laboratory to a major healthcare provided in Ireland.
  • The sponsor in relation to the €300 million Greystones Harbour PPP.
  • One of the consortium members and subsequently funders in relation to the Grangegorman PPP.

Accolades

Matheson "turns around contracts and amendments very quickly".
European Legal 500 2018

"An encyclopaedic knowledge of all things construction contract-related."
Chambers Europe 2018

The construction team "provide very solid advice".
Chambers Europe 2018

Construction Expert
Euromoney Expert Guide 2017

The team is "very receptive and delivers what we want."
Chambers Europe 2017

"The team understood the construction process and all the relationships therein. The lawyers were good listeners, met the deadlines, managed our expectations and worked long hours to achieve targets."
Chambers Europe 2016

"I had a couple of thorny issues with many nuances that required in-depth thought and analysis - I got good results from the firm."
Chambers Europe 2016

The "very knowledgeable and responsive" team at Matheson handles both contentious and non-contentious matters
European Legal 500 2016

"Excellent - a practical and business-oriented practice with in-depth knowledge of regulations."
Chambers Europe 2015

"A knowledgeable team, particularly on the peculiarities of Irish construction contracts."
Chambers Europe 2015

Matheson has the "bench strength and knowledge to provide excellent advice".
European Legal 500 2015

"The quality of the work here is very strong – the lawyers are knowledgeable, offering good advice for any questions asked."
Chambers Europe 2014

Matheson is "quick and efficient with a very good understanding of the applicable legislation".
European Legal 500 2014

This robust team earns glowing praise from clients, and is particularly strong in advising multinationals on a range of issues.
Chambers Europe 2013

"The team has great foresight regarding the issues we will come across and everyone is always up to speed with the issues on the table. Its recommendations have saved us a lot of money."
Chambers Europe 2013

Matheson is always knowledgeable and well informed about current property and construction issues and risks.
European Legal 500 2013

"The quality of the work here is very strong – the lawyers are knowledgeable, offering good advice for any questions asked."
Chambers Europe

Matheson’s Construction & Engineering Group which is led by Rhona Henry, is comprised of two multi-disciplinary teams with the specialist knowledge and legal skills that are required to service the advisory and dispute resolution needs of our clients in the construction and engineering sectors.  Our Group is recognised for its delivery of focused and strategic advice that is dedicated to meeting the needs of our clients.

Our Construction and Engineering lawyers are recognised as leaders in their field who provide clear, commercial, concise and timely advice on construction and engineering projects, which is directed at identifying the simplest and most cost effective route to achieving clients' objectives. We have invaluable industry expertise in our Group as one of our senior associates is a registered architect (RIAI) and an assigned certifier.

The Construction & Engineering Group is distinguished by:

  • its mandate across the largest transactions in the State including a mandate to act on behalf of the developer in relation to a mixed-use docklands development of enormous strategic significance with an overall capex of €300 million;
  • its construction / development lending specialism: the group is currently instructed across a loan portfolio of in excess of €420 million;
  • its recent experience / expertise in complex forward purchasing arrangements / solutions;
  • a specialism of crafting procurement strategy solutions to facilitate a fast pace of development;
  • incorporating dedicated PPP construction expertise; and
  • encompassing a construction litigation specialism and providing a ‘full service’ offering to clients.

At all times we aim to provide services which are consistent with our clients' commercial requirements and long-term needs. This focused approach is key to ensuring our clients receive technically expert advice with a clear commercial approach.

We work with a variety of clients based in Ireland and overseas including local authorities, semi-state bodies, funders, developers, employers, contractors and designers. Our Construction and Engineering practice forms an integral part of the firm's Projects Group.

The Construction and Engineering team's areas of practice include:

  • Major international construction projects including pharmaceutical plants, infrastructure projects, utilities, data centres, power and process plants, corporate headquarters and commercial offices;
  • Bespoke project agreements / construction contracts (including RIAI, FIDIC, MF /1 (Revision 4 and 5), NEC and JCT contracts);
  • EPC contracts;
  • Professional / design team terms of engagement;
  • Project / construction contract security including bonds, warranties and guarantees;
  • Procurement strategy route (design and build, management contracting, construction management, EPC);
  • Project / construction health and safety issues / project supervisor appointments;
  • Collateral warranties / direct agreements;
  • Forward Funding Arrangements;
  • Facilities management / services agreements; and
  • Interface agreements.

  • Oxley Holdings Limited in relation to its involvement with Dublin Landings, a mixed use development of enormous strategic significance at North Wall Quay, Dublin.  Dublin Landings is adjacent to the recently opened Central Bank of Ireland building on North Wall Quay and it comprises up to 10 per cent of all of the development land available in the Dublin Docklands Strategic Development Zone. It is designed to incorporate over 600,000 square feet of office space, 270 luxury residential apartments and landscape gardens as well as amenity spaces including roof gardens and terrace, a hotel, a gym and city streets (capex circa €300 million).
  • A large financial institution in relation to a development facility in excess of €176 million for the development of a 395 acre forest holiday village in County Longford, Ireland. The development, which is the first of its kind in Ireland, is expected to be completed by 2019.
  • A funder in relation to the project financing of a €235 million flag ship mixed use development. The Dublin Docklands scheme is to have 32,000 square metres of office space and 190 residential units. The advice includes complex forward funding purchasing arrangements entered into with a funding giant through its acquisition of 200 Capital Dock as the first major office occupier to commit to this mixed use campus development. Rhona advised the funder on a suite of construction contracts, interface agreement and issues, consultant engagements, collateral warranties, direct agreement and construction insurances including in relation to owner controlled insurance policies and the specific cover available in the market for consultants / contractors.
  • A number of large indigenous financial institutions in relation to the build out of student accommodation in this jurisdiction (total capex €120 million).
  • e|net, John Laing, SSE, Berkshire Hathaway, Kelly Communications and Granahan McCourt Investments (one of the short listed bidders) on its tender to design, build and finance the rollout of high speed broadband under Ireland’s national broadband plan.  This is the largest ever infrastructural project in a telecoms sector in Ireland (capex €1.5 billion). In particular, Rhona is advising the consortium in relation to a complex set of construction contracts in relation to passive infrastructure, active infrastructure and operation and maintenance obligations which will sit underneath the project agreement. Matheson has been advising and assisting in relation to the appropriate procurement strategy for the works and services to be procured pursuant to the project agreement, in particular the “bundling” of the sub-contracts.
  • A European high end retailer in relation to its leasing of a purpose-built warehouse facility in Dublin including drafting and negotiating appointments for the consultants designing the warehouse, suite of collateral warranties and the construction obligations contained in the agreement for lease.

Development Financing

  • Bank of Ireland in relation to its funding of the Herbert Park Hotel development comprising construction of a mixed-use scheme of a new office building; aparthotel building and the extension of the Hotel, including carrying out commercial focused construction due diligence on the project documents (matter value €17 million).
  • Bank of Ireland in connection with its provision of a loan facility for the purpose of part-financing the development of 55 Charlemont Place, a landmark headquarter six storey office building comprising 5,375 square metres including key red flags legal due diligence on the construction documents package.
  • A large indigenous developer in relation to the development of a city centre quays location to include approximately 146,000 square feet of office space together with 40 apartments and landscaping.  Rhona advised on the contract for works, letters of intent, a suite of consultant appointments based on bespoke forms, building control issues in connection with landlord / tenant works, insurance issues and contract security in particular (capex €63 million euro).

Capital Developments

  • American drinks giant on the build out and development of a €44 million flag-ship whiskey distillery in Co Meath. This is the first distillery built by the drinks giant outside of the United States. Rhona advised on and drafted a full suite of project documents for the design, procurement and construction of this prestigious development.
  • An international online retail giant on the Cat A and Cat B fit out of a premises on Burlington Road, Dublin 4, Ireland. The six storey over double basement block will extend to 15,992 square metres (172,000 sq. ft.) and will span almost 100 metres. The letting will be the largest in Dublin for several years, and the first major Central Business District office development to come on stream since the economic downturn.
  • A Norwegian cheese producer on a development of a facility for the production of cheese in Ireland including a co-operation agreement with one of the Ireland’s largest processors of milk and construction contracts for the build out of the facility.
  • A European high end retailer in relation to its leasing of a purpose-built warehouse facilities in Dublin including drafting and negotiating appointments for the consultants designing the warehouse, suite of collateral warranties and agreement for lease.
  • A large international financial institution in relation to a €106 million forward purchase of a new 12,000 square metre office block in Dublin including review and negotiation of the forward funding agreement on construction related matters and full due diligence on construction suite of documents for the sale.
  • A leading global healthcare company in relation to an extension to and fit-out of an existing facility in County Longford, including advice on construction contracts and a professional services agreement in connection with architectural, engineering, quantity surveying, project management and construction management services.
  • A global pharmaceutical group in relation to the delivery of significant capex projects in Dublin including crafting works contracts for expansion projects at its site in Dublin comprising bespoke provisions to ensure compliance with the legal requirements in this jurisdiction.
  • A provider of manufacturing automation products in relation to a fit out and renovation of its premises including drafting and negotiation of construction contracts for the works, collateral warranties and contract securities.
  • A French asset management company in relation to a €45 million acquisition of a new build 3,420 square metres office building in the heart of Dublin’s central business district including full construction due diligence of building contracts, consultant appointments and related collateral warranties.
  • Numerous sponsors and lenders in relation to TSAs, EPCs, O&Ms, BoPs for the construction of wind farm projects in Ireland.
  • The successful bidder in relation to a services concession to design, build and operate fuel farm tanks at Dublin Airport.
  • CLH Aviation Ireland on all legal aspects of its successful bid to design, build and operate a new fuel terminalling facility at Dublin Airport.

PPP

  • The consortium comprising Granahan McCourt, enet, SSE, John Laing Group plc on its tender to design, build and finance the roll out of high speed broadband to 542,000 premises under the largest ever infrastructure project in the telecoms sector in Ireland National Broadband Plan including advising on the project agreement and construction aspects of this infrastructure project (capex circa €1.5 billion).
  • A large facilities management provider in respect of a facilities management contract in relation to the Primary Care Centre PPP in this jurisdiction. This included advice on the project agreement, the facilities management agreement, the direct agreements (Funder and Authority), the project guarantees and the works contract.
  • PPP Co in relation to their rights and obligations under, and provisions of, the project agreements, O&M contracts and interface agreements for School Bundle 1 and 2 PPP.
  • KFW IPEX Bank and funders in relation to Schools Bundle 5 PPP project.  Rhona has advised on Irish law aspects of the works contract, services agreement, contract security, interface agreement and direct agreements (estimated capex €91 million euro).  Rhona has also advised the funder in relation to issues in connection with compulsory liquidation of Works Co on the project.
  • KFW IPEX-Bank and AIB, funders to BAM PPP in relation to Schools Bundle 4 PPP Project.
  • An international healthcare solutions provider in a PPP project to provide for a new laboratory to a major healthcare provided in Ireland.
  • The sponsor in relation to the €300 million Greystones Harbour PPP.
  • One of the consortium members and subsequently funders in relation to the Grangegorman PPP.

Matheson "turns around contracts and amendments very quickly".
European Legal 500 2018

"An encyclopaedic knowledge of all things construction contract-related."
Chambers Europe 2018

The construction team "provide very solid advice".
Chambers Europe 2018

Construction Expert
Euromoney Expert Guide 2017

The team is "very receptive and delivers what we want."
Chambers Europe 2017

"The team understood the construction process and all the relationships therein. The lawyers were good listeners, met the deadlines, managed our expectations and worked long hours to achieve targets."
Chambers Europe 2016

"I had a couple of thorny issues with many nuances that required in-depth thought and analysis - I got good results from the firm."
Chambers Europe 2016

The "very knowledgeable and responsive" team at Matheson handles both contentious and non-contentious matters
European Legal 500 2016

"Excellent - a practical and business-oriented practice with in-depth knowledge of regulations."
Chambers Europe 2015

"A knowledgeable team, particularly on the peculiarities of Irish construction contracts."
Chambers Europe 2015

Matheson has the "bench strength and knowledge to provide excellent advice".
European Legal 500 2015

"The quality of the work here is very strong – the lawyers are knowledgeable, offering good advice for any questions asked."
Chambers Europe 2014

Matheson is "quick and efficient with a very good understanding of the applicable legislation".
European Legal 500 2014

This robust team earns glowing praise from clients, and is particularly strong in advising multinationals on a range of issues.
Chambers Europe 2013

"The team has great foresight regarding the issues we will come across and everyone is always up to speed with the issues on the table. Its recommendations have saved us a lot of money."
Chambers Europe 2013

Matheson is always knowledgeable and well informed about current property and construction issues and risks.
European Legal 500 2013



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