Gerard P. Monaghan
2 Bramley Avenue
Castleknock, Dublin 15
Contact Details
Phone +353 (1) 2969000
Mob +353 (87) 2371078
Email gerardpmonaghan@gmail.com
Qualifications
Fellow at the Chartered Institute of Arbitrators (FCIArb)
Adjudication Conversion Course, Chartered Institute of Arbitrators, CIArb 2014
Accredited Mediator, Centre for Effective Dispute Resolution, CEDR 2013
Diploma in Arbitration, School of Law, University College Dublin, 2010
MBA, Smurfit Business School, University College Dublin, 2008
Diploma in Construction Law and Contract Administration, Trinity College Dublin, 2000
MSc. Civil Engineering, Queens University of Belfast, 1994
BEng (Hons) Civil Engineering, Queens University of Belfast, 1993
Career History
2003 - To date: Consulting Civil and Structural Engineer/Expert Witness with extensive experience of civil litigation proceedings across a broad range of disputes in the Irish Circuit and High Courts. Particular experience of acting as party advocate/representative/expert for disputes involving delay and disruption, contract interpretation, back to back agreements, payment provisions, valuations, quality, design obligations, health and safety obligations and scope of services. Independent analysis of claims including risk assessment, financial modelling and scenario testing.
Experienced in the use of civil engineering and building contracts (IEI, GCCC Public Works, RIAI, GDLA) and other model contract forms (NEC, FIDIC and Joint IMechE/IEE including MF/1) together with professional services contracts.
Acted as expert for professional negligence disputes and in the assessment of insurance claims under
public liability policies.
As mediator for a range of disputes including construction (final account, defects lists, latent defects), neighbour (boundaries, easements, party walls), professional services (fee disputes), partnership (guarantees, dissolution of assets) and software/IT (licence). Since 2010 appointed as sole arbitrator for construction, professional services and consumer disputes with the publication of reasoned awards.
2001- To date: Nicholas O’ Dwyer Ltd. Consulting Engineers, Dublin.
Duties: Technical Director with Nicholas O'Dwyer Ltd, a multi-disciplinary consulting engineering firm. Leads a range of multi-disciplinary teams in the delivery of major construction projects in waste management, water services, energy, roads and other infrastructure projects on a national and international basis.
Particular expertise in the areas of water and wastewater facilities, mechanical and electrical plant, instrumentation control and automation, power generation and distribution, wind farm planning, construction and operation.
Responsible for the delivery and management of all stages within a project life cycle including feasibility, financing, planning and environmental assessment, design, procurement, delivery and cost management. Responsibilities in terms of business development and marketing.
Contracts specialist role within the company to include advising on contractual issues and managing the dispute resolution function including risk assessments, conciliation and arbitration proceedings. Management of the preparation of claims documentation and responses and coordination of inputs and experts for formal hearings.
1994 – 2001: Patrick J. Tobin & Co. Ltd. Consulting Engineers, Galway
Duties: Design/Project Engineer for a range of infrastructure development schemes.
1993 Pat Mulcair Civil Engineering, Limerick
Duties: Site Engineer on a site development contract at Citywest Business Park, D24
Positions Held
Committee member (Vice Chair) at Chartered Institute of Arbitrators (CIArb) Irish Branch
Committee member at the Adjudication Society (Ireland)
Chairman of Arbitration Task Group at CIArb
Chairman of the Adjudication Special Interest Group at CIArb
Member of Construction Industry Council and CIArb working group advising on the Construction Contract Act 2013
Member of the Conciliation Panel at Engineers Ireland
Member of the Ethics and Disciplinary Board at Engineers Ireland
Member of the Panel of external appointees to Enquiry and Investigation Committees at the Irish Auditing and Accounting Supervisory Authority
