Tom Carey  BE(Civil) MBA DipArb, MIEI CEng FCIArb

77 Terenure Road East

Dublin 6

D06 HR96

Contact Details

Ph +353 (86) 8033196

Email tom.carey@daa.ie

Qualifications

CIArb Accredited Adjudicator (Ireland) – 2015

Chartered Engineer (CEng) – 2014

CIArb Certified Workplace Mediator – 2012

CIArb Accredited Commercial Mediator - 2011

Fellow of the Chartered Institute of Arbitrators – 2011

Diploma in Law & Arbitration (UCD) – 2008

Master Degree in Business Administration (MU London Business School) – 2001

Bachelor Degree in Civil Engineering (UCD) – 1994

Career History

In excess of 20 years’ experience in dispute resolution in the construction sector, gained across many forms of ADR including Arbitration, Adjudication (in the UK), Conciliation (in Ireland) and Mediation.

Experience of construction disputes including a wide variety of contractual claims such as extension of time claims, disputes regarding entitlement to payment and multi-faceted technical claims associated with ground conditions. Claims have ranged in value from €50k up to €10million. Many disputes have involved complex technical and contractual issues and demanded a forensic examination of the facts, circumstances and conditions of contract relating to the dispute in question.

Involvement in construction disputes and their resolution has incorporated many disciplines including both Consultancy commissions and Contractor works across Civil Engineering, Building and Mechanical and Electrical works. Experience includes many procurement models including Design & Build, Employer Design, Management Contracting and Design Build Finance & Operate contracts.

A Fellow and member of the Chartered Institute of Arbitrators since 2009, a member of the Adjudication Society and a Chartered Engineer and member of Engineers Ireland since 1996.

Positions Held

Dublin Airport Authority – Head of Project Controls (2015-date):

In undertaking a key leadership role within the Capital Projects business unit, accountable for the timely and cost effective delivery of daa's €650m+ Capital Investment Programme, across Dublin and Cork airports.

The variety of construction projects within that portfolio range in value from €50k to €250M and comprise a variety of architectural, engineering and quantity surveying consultancy services alongside construction contracts incorporating heavy civil engineering, building and mechanical & electrical works.

Key responsibilities include leadership of the Programme Office, comprising Contract Management & Administration; Payment Assessment & Certification; Dispute Management & Resolution and Cost & Schedule Reporting including Risk Management. Construction procurement models include Employer Design, Design & Build and Construction Management across FIDIC, JCT and RIAI conditions of contract.

Railway Procurement Agency – Projects Commercial Manager (2005-2014)

Responsible for overseeing the RPA's entire portfolio of light rail infrastructure projects from a contract administration and cost management perspective. Responsibilities spanned the entire project life-cycle from planning and design stages through to operational handover across a diverse range of procurement strategies including Public Private Partnerships, Design & Build and Employer Design.

Represented the RPA at Mediation and Conciliation in relation to a number of construction disputes and chaired dispute escalation committees across several major construction projects.

Laing Rail Projects – Contracts Manager (2003 – 2005)

Responsible for contractual and commercial management of a portfolio of heavy rail PFI/PPP projects, with a total investment value of £65M. Key responsibilities included:

Extensive stakeholder negotiations of contractual and commercial terms with both public and private sector organizations

Managing legal representatives so that bespoke contractual arrangements for each project were fit-for-purpose and produced with maximum efficiency

Project Board level responsibility for reaching financial close, in accordance with project investment criteria

McNicholas Construction Company – Operations /Project Manager (1996-2003)

Management of construction projects within the UK Water and Rail industries up to £7.5M in value. Profit & loss accountability for Tunnelling and Civil Engineering contracts, with responsibility for up to 50 direct employees, including professional staff and construction operatives.

Gained considerable experience of construction disputes through Adjudication. Prepared and submitted written evidence for several Adjudications under the HGCRA (1996) and a significant Arbitration relating to adverse ground conditions claim.

Successfully managed a variety of projects under various contract conditions including ICE 6th Edition, NEC2 (Options A - Fixed Price & Option C - Target Price) and IChemE - Burgundy & Yellow Books.

John Sisk & Sons (UK) – Site Engineer (1994-1996)

Fulfilled roles initially as Site Engineer and subsequently as Section Manager on various Building and Civil Engineering projects including tunnelling works up to £5M. Early exposure to construction disputes under subcontractor contracts.

Experience

During his career, Tom has participated in the resolution of several construction contract disputes, both as dispute resolver and as a party in the dispute process. His experience has been gained both on the Contractor's side and more recently, on the Employer's side, across all the major forms of construction contract used in Ireland including but not limited to:

- Public Works Contracts for Civil Engineering Works Designed by the Employer

- Public Works Contracts for Civil Engineering Works Designed by the Contractor

- Public Works Contracts for Minor Building & Civil Engineering Works

- Public Works Contracts Investigation Contract

- Public Works Standard Conditions of Engagement for Consultancy Services

- FIDIC Conditions of Contract for Plant and Design-Build (Yellow Book)

- FIDIC Conditions of Contract for Construction (Red Book)

- FIDIC Short Form of Contract (Green Book)

- NEC3 Engineering & Construction Contract - Option C: Target Contract

- NEC2 Engineering & Construction Contract - Option A: Priced Activity Schedule

- NEC2 Professional Services Contract (PSC)

- NEC2 Engineering & Construction Subcontract (ECS)

- Standardisation of PFI Contracts (SoPC) version 3

- ICE Conditions of Contract 6th Edition

- IEI Conditions of Contract (for Works of Civil Engineering Construction)

- JCT Standard Building Works c/w Quantities

- JCT Construction Management Contract (2011)

- RIAI Yellow Form of Building Contract (2011)

Tom has advised Government bodies including the National Transport Authority on construction disputes arising out of Public Works Contract, most notably an adverse ground conditions claim for €6M arising out of a D&B Diaphragm Wall Piling contract.

On the back of his considerable experience of construction disputes, he has attained formal qualifications and accreditation in Alternative Dispute Resolution including:

Diploma in Arbitration (UCD)

Accreditation in Commercial Mediation (CIArb)

Accreditation in Adjudication (CIArb - Ireland)