Jarlath Kearney BSc(Hons), Dip Arb, Dip Adj, MRICS, MSCSI, FPD, FCIArb

Elemental Contract Consultants Limited

4 College House

Citylink Business Park

Belfast

BT12 4HQ

Contact Details

Ph 0044 28 90434883

Mob 0044 797 606 5687

Email JPK@ElementalConsultants.com

Web http://www.elementalconsultants.com/

Qualifications

Fellow of CIArb;

Successful completion of Adjudication Conversion Course;

Postgraduate Diploma in Adjudication from RICS;

Postgraduate Diploma in Arbitration;

BSc(Hons) Quantity Surveying;

Chartered Quantity Surveyor;

Certified Mediator;

Member of RICS;

Member of SCSI;

Fellow Prime Dispute

Career History

1997 – 1999:  Private Quantity Practice;

1999 – 2001: Department of Regional Development, Roads Service

2001 – 2013: Quigg Golden Limited;

2013 – present: Elemental Contract Consultants Limited

Having commenced my quantity surveying career with a private practice in 1997 I then worked for the Department of Regional Development, Roads Service before joining Quigg Golden Limited (formerly Contract Construction Consultants) in 2001.  I have since established Elemental Contract Consultants Limited in 2013 and act for all stakeholders in the construction industry on a wide variety of building and civil engineering projects throughout Ireland and the UK. 

I am a Chartered Quantity Surveyor and have extensive experience in the preparation of claims and the resolution of disputes.  I have acted as expert witness on quantum and liability of construction claims.  I am a Fellow of the Chartered Institute of Arbitrators and acted as Arbitrator in construction and commercial matters, receiving appointments from CIArb and RICS.  I am an Accredited Adjudicator (Republic of Ireland) and have a good knowledge of all standard forms of contract.  I am also a Certified Mediator.

Positions Held

Vice-Chair CIArb NI Chapter 2011-

Chair Adjudication Society, NI Region 2010 –

Experience

I am a Chartered Quantity Surveyor who has specialised in dispute resolution since 2001.  I am the Director of Elemental Contract Consultants Limited, a company I founded in 2013 to deliver effective and efficient contract and dispute resolution advice to the construction industry.  I have an established client base that seeks my considered advice on a regular basis.  I have extremely strong practical and theoretical knowledge of all the standard forms of building contracts used in the UK and Ireland.  I have provided advice to Local Government, Client Organisations, Contractor’s and Sub-Contractor’s on contractual and disputed issues.  My work includes resolution of disputes through adjudication, mediation, conciliation and arbitration, as well as contract drafting for main and sub-contract packages in addition to risk analysis of dispute processes, main contract amendments and tendering procedures.  I assist in the submission of Pre-Qualification Questionnaires during the procurement process and brief Counsel on the EU Regulations and possible challenges to flawed procedures in procurement.  I assist parties to a contract in meeting their obligations under a contract during the works, attending meetings; corresponding to the design team and assisting compile or assess valuations.  I conduct bespoke training for contractors and public bodies on specific contracts or the development of good contractual practices. 

I am involved in all aspects of Construction Contract Law and dispute resolution, from advocacy at hearings through to facilitating partnering, mediation and conciliation.  The disputes in which I have been involved include civil engineering, building and building services disputes under main contracts and sub-contracts where I have represented clients, main contractors and sub-contractors/suppliers.  I have worked as an expert witness principally in relation to quantum of contractual claims or programming matters.  I have been involved in more than 150 adjudications, arbitrations, conciliations, mediations and expert determinations throughout the UK and Ireland, representing clients across the industry from subcontractors to major client bodies in disputes varying in value and complexity.

I have successfully completed the Adjudication Conversion Course accredited by, amongst others, the CIArb.

I am a Certified Mediator and registered with the Mediator’s Institute Ireland.

I have received appointments from CIArb and RICS to act in the capacity of arbitrator.

I have delivered lectures at Queens University Belfast and am a guest lecturer at University of Ulster, BSc in Engineering and Project Management, delivering lectures on all aspects of alternative dispute resolution.  I often present talks on relevant case law to the Adjudication Society and the CIArb.  I maintain excellent Continuing Professional Development that is centred on all forms of dispute resolution.