Matheson


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Rhona Henry

Partner

Dublin

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"Outstanding... Rhona has an encyclopaedic knowledge of the risk involved, and provides realistic, commercial advice."

Chambers Europe

Expertise

Rhona Henry is a partner and head of Matheson’s Construction & Engineering Group. Rhona has over 13 years’ experience in the construction / capital projects sector.  Rhona’s practice has a particular focus on construction / development financing, public-private partnership construction specialism, the build out of capital developments together with a regulatory advice practice.

Rhona is known for and distinguished by her formulation of complex contract structure procurement strategies which facilitate a fast pace of development and cohesion regarding interface issues.  Rhona is also distinguished by her expertise in forward funding arrangements including the drafting and negotiating of a myriad of direct agreements and associated step in rights.

Rhona advises on complex construction and engineering capital projects including data centres, commercial office, corporate headquarters and EPC contracts for major international construction projects including infrastructure, facilities, power and process plants.  She has an in-depth understanding of the construction requirements of organisations operating in very specialised markets, including the energy market, the pharmaceutical, data centre and ICT markets.

Rhona typically advises her clients on a full suite of construction related agreements spanning from building contract to professional appointment contracts, collateral warranties, direct agreements, interface agreements, bonds, project supervisor appointments and a wide range of sub-contracts.

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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.
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Accolades

Rhona Henry "an exceptional lawyer with a depth of knowledge in the construction industry and related contracts".
European Legal 500 2018

Rhona Henry has "an encyclopaedic knowledge of all things construction contract-related."
Chambers Europe 2018

Rhona Henry is named a Highly Regarded Individual
IFLR1000 2018

Rhona Henry is recommended.
European Legal 500 2017

Rhona Henry has "encyclopaedic knowledge of construction law".
European Legal 500 2017

Rhona Henry is described by clients as "very hands-on, responsive and proactive".
Chambers Europe 2017

Construction expert
Euromoney Expert Guide 2017

Group head Rhona Henry is a "very capable and commercial" practitioner who "asks the right questions to get the crucial information right away, and then gets into the detail without compromising on time.
Chambers Europe 2016

Rhona Henry is recommended.
Chambers Europe 2015

Rhona Henry is “knowledgeable and easy to work with”.
Chambers Europe 2015

Rhona Henry is "very diligent and thorough – she won’t commit to something unless she is absolutely certain".
Chambers Europe 2015

Rhona Henry is recommended.
European Legal 500 2015

One source describes Rhona Henry as "outstanding - a genuinely nice individual who is easy to work with, but also overwhelmingly aware of the issues we have to deal with. She has an encyclopaedic knowledge of the risks involved, and provides realistic, commercial advice".
Chambers Europe 2014

Rhona Henry is "an exceptional and outstanding lawyer".
European Legal 500 2014

Rhona Henry "really gets things moving".
Chambers Europe 2013

Rhona Henry provides an "excellent level of service delivery".
European Legal 500 2013

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Education

Trinity College Dublin (Diploma in Construction Law and Contract Administration)
University College Dublin (BA)

Related Practice Areas

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