FIDIC Adjudicator Details

International Client Manager

Gerard  Monaghan

  Country of residence: Ireland

  Citizenship: Irish

  https://www.linkedin.com/in/gerardmonaghannod/

 EMAIL THIS ADJUDICATOR DOWNLOAD CV

Countries with experience

Other countries with experience:

Global regions

  • East Asia
  • South Asia
  • East Europe
  • West Europe
  • Middle East
  • Central Asia
  • North Africa
  • Sub Sahara Africa

Languages spoken

  • English

Construction contract experience

  • Construction Contract 2nd Ed (2017 Red Book)
  • Construction Contract, 1st Ed (1999 Red Book)
  • Construction Contract, MDB Harmonised Ed, June 2010
  • Design-Build-Operate Contract, 1st Ed 2008
  • EPC/Turnkey Contract 2nd Ed (2017 Silver Book)
  • EPC/Turnkey Contract, 1st Ed (1999 Silver Book)
  • Plant & Design-Build Contract, 1st Ed (1999 Yellow Book)
  • Plant and Design-Build Contract 2nd Ed (2017 Yellow Book)
  • Short Form of Contract, 1st Ed 1999
  • Conditions of Contract for Underground Works (2019 Emerald book)

Consultancy contract experience

  • Client-Consultant Agreement (White Book), 4th Ed 2006
  • Client-Consultant Agreement (White Book), 5th Ed 2017
  • Joint Venture (Consortium) Agreement, 1st Ed 1992
  • Model Joint Venture (Consortium) Agreement 2ND Edition (2017)
  • Model Representative Agreement, 1st Ed 2013
  • Sub-Consultancy Agreement, 1st Ed 1992
  • Sub-Consultancy Agreement, 2 Ed 2017
  • Not applicable - none of the above

Specialist contract experience

  • Construction Subcontract, 1st. Ed. 2011
  • Dredgers Contract, 1st Ed 2006
  • Dredgers Contract 2nd Ed 2016 (2016 BLUE-GREEN BOOK) ed.1999
  • Conditions of Contract for Underground Works, 2019

Other contract experience

  • Principal Drafter for Task Group 9 for Yellow
  • Red and Emerald Book Sub Contracts (ongoing)s

CV - Services offered

  • Arbitration
  • Adjudication
  • Mediation
  • Conciliation
  • Facilitator
  • Technical expert
  • Contract Expert/specialist
  • Independent expert
  • Expert witness
  • Educational qualifications

Technical expertise

  • Airports - air-side
  • Airports - terminals and support
  • Airports - other
  • Soil Erosion and Irrigation
  • Building - domestic
  • Building - commercial
  • Building - industrial
  • Building services - Heating/Ventilation/Air Conditioning
  • Building services - lighting/electrical
  • Building services - water
  • Building services - Communications
  • Building services - Acoustics and insultation
  • Civil Engineering - Site Investigation
  • Civil Engineering - Foundations and Subsidence/Settlement
  • Civil Engineering - Land Drainage & Dewatering
  • Civil Engineering - River & Flood Control
  • Civil Engineering - Tunnelling and piling
  • Civil Engineering - Retaining Walls
  • Civil Engineering - Dams and reservoirs
  • Civil Engineering - other
  • Chemical Engineering - Pharmaceutical
  • Control & Automation
  • Coastal engineering
  • Construction law
  • Cost engineering (QS)
  • Defence
  • Electrical and Mechanical Engineering
  • Environmental issues
  • Geotechnics and foundations
  • Energy & Power - Fossil Fuel Systems
  • Energy & Power - Hydro Systems
  • Energy & Power - Wind Wave & Tidal Systems
  • Energy & Power - Geothermal Systems
  • Energy & Power - Solar Systems
  • Energy & Power - Pneumatic Systems and Hydraulic Systems
  • Energy & Power - CHP and district Heating
  • Energy & Power - Natural gas and LNG Facilities
  • Energy & Power - other
  • Infrastructure, Railways, Bridges
  • Irrigation and Land Reclamation Manufacturing and Process Plant
  • Marine and ports
  • Metro railway and stations
  • Road and highways - bridges and car parks
  • Road and highways - other
  • Rail - Hardware and Software, Control and Monitoring Systems, Equipment and Drives
  • Rail - High Speed rail
  • Rail - Infrastructure Engineering and Maintenance
  • Rail - Operation Control, Passenger Information Display and Entertainment
  • Rail - Signalling and Communications
  • Rail - Track Engineering and Construction
  • Rail - other
  • Rock Anchors & grouting Tunnels and Shafts
  • Telecommunications
  • Waste Disposal - Solid Waste Management
  • Waste Disposal - Hazardous Waste Management
  • Waste Disposal - other
  • Water - drainage and sewerage
  • Water - Water Supply
  • Water - Water Treatment
  • Water - Sewerage
  • Water - Sewage Treatment
  • Water - Desalination
  • Water - Flooding and Drainage
  • Waste Water - Treatment and Pumping Plant
  • Waster Water - treatment/distribution
  • Other Anaerobic Digestion plants
  • Claims and variations

  • Extension of time
  • Project scheduling
  • Defects
  • Failure investigations
  • Flood damage
  • Technical issues

Short summary experiences

Chartered Engineer, Chartered Arbitrator, Fellow at the Chartered Institute of Arbitrators and CEDR Accredited Mediator. 30 years’ experience in the engineering and construction industry involved in the design, procurement, technical and commercial management of major construction projects and capital investment programmes. I have extensive the delivery of a range of construction contracts and programmes to include Multi-Lateral Development Bank (MDB) funded projects in Sub Saharan Africa. I am currently the Chair of the Engineers Ireland Dispute Resolution Board responsible for maintaining panels and procedures for arbitration, adjudication, conciliation and mediation. Very extensive experience since 2001 using FIDIC Red, Yellow, Gold Books. FIDIC Yellow relates almost exclusively to water treatment facilities (mostly the 1999 form). FIDIC Red related to MDB roads and highways projects (both 1999 and 2017 form). FIDIC Gold experience relates to the delivery of over 50 water and wastewater treatment facilities in Ireland and internationally. Very significant experience of FIDIC JV and sub consultancy agreements ( 2017 form in use currently) Experienced ADR professional having acted as arbitrator, mediator, conciliator, adjudicator, expert and dispute board member for construction disputes. I have had various appointments as sole arbitrator for a series consumer and multi-party construction/engineering disputes with the publication of reasoned awards. I have very extensive experience of acting as Conciliator under the Irish Public Works Contracts. This is a hybrid form of dispute resolution comprising a mediation phase followed by an adjudication phase where required. The majority of conciliations I have been involved with have achieved settlement at the mediation phase. I am a member of the Minister's Panel of Adjudicators in Ireland under the Construction Contracts Act 2013 and since 2017 have had numerous appointments as adjudicator by way of agreement between the parties or nomination. I have extensive experience of acting as a sole member DAB/Standing Conciliator for a range of project types as set out in my CV and where my primary focus has been in the area of dispute avoidance. I have extensive experience as a mediator for a range of disputes including construction (final valuations and defects lists), professional services (fee disputes) and partnership (guarantees, dissolution of assets). I am currently a member of the FIDIC Contracts Committee Task Group 9 as Principal Drafter of the Yellow, Red and Emerald Book Subcontract forms.

Position and experience

Acredited mediator: Yes
Acredited arbitrator: Yes

Employment status:
Present position: Chartered Engineer, Arbitrator, Mediator
Previous positions: Project Director, various

Experience

  • Broad based alternative dispute resolution experience having acted extensively as arbitrator
  • mediator
  • conciliator
  • adjudicator and dispute board member for construction and professional services d
  • DAB member on water and sanitation projects
  • DAB member on Public Infrastructure projects (Public Realm)
  • DAB member on a Social Housing Bundle
  • DAB member on public highway improvement and light rail schemes
  • DAB member on power and renewables projects (Wind
  • Solar pv)
  • Sole Arbitrator for 5 consumer/construction/engineering disputes
  • Sole Conciliator for 26 construction disputes
  • Sole adjudicator for 19 construction sisputes
  • Sole standing Conciliator for 8 construction contracts

Affiliations/Memberships

  • FIDIC Certified Adjudicator
  • Chartered Arbitrator - CIArb
  • Fellow - The Institution of Engineers or Ireland
  • Fellow - The Chartered Institute of Arbitrators
  • Chartered Engineer
  • Member and Ireland Country Representative for the Dispute Resolution Board Foundation (DRBF)
  • Member of the Offshore Wind Task Group - DRBF
  • Member of the London Court of International Arbitration (LCIA) Users’ Council (European)

Panel listings

  • FIDIC President’s List of Approved Dispute Adjudicators
  • Presidential Panel of Arbitrators at the Chartered Institute of Arbitrators (CIArb)
  • Minister’s Panel of Adjudicators
  • Construction Contracts Act 2013.
  • Arbitration Panel at Engineers Ireland
  • Adjudication Panel at Engineers Ireland
  • Conciliation Panel at Engineers Ireland
  • Law Society (Ireland) Arbitration Panel
  • National Contractual Dispute Services Panel at the Construction Industry Federation (CIF)
  • Arbitration Panel at the Chartered Institute of Arbitrators (CIArb) Irish Branch
  • Adjudication Panel at the Chartered Institute of Arbitrators (CIArb) Irish Branch
  • Conciliation Panel at the Chartered Institute of Arbitrators (CIArb) Irish Branch

Qualifications, jurisdiction and discipline

  • BEng (Hons) Civil Engineering - Queens University of Belfast - 1993
  • MSc. Civil Engineering - Queens University of Belfast - 1994
  • Diploma in Construction Law and Contract Administration - Trinity College Dublin - 2000
  • MBA - Smurfit Business School - University College Dublin - 2008
  • Diploma in Arbitration - School of Law - University College Dublin - 2010
  • Accredited Mediator - Centre for Effective Dispute Resolution - CEDR 2013