Kim O'Neill

Construction

• advised a number of international property funds on various ongoing and past projects, residential and commercial, throughout Dublin and Wicklow including negotiation and agreement of Development Agreements (both forward purchase and forward fund) and ancillary documents, the drafting of construction works package including the Works Contract (mix of JCT and RIAI forms of Contract) and all Consultant Appointments, input to security documents, drafting and negotiating of various ancillary construction documents. Advised on the construction element of a number of Forward Fund/Forward Purchase arrangements, this included four of the ten largest property deals in 2022.
• advises a large Irish Property Fund on construction of new office builds, office refurbishments, distribution centres and other Projects around Dublin. This includes the negotiation and agreement of the construction works package including the Works Contract (mix of JCT and RIAI forms of Contract), all Consultant Appointments and all ancillary construction documents. Kim also provides ongoing advice through-out the lifecycle of the Project including on any claims or issues that may arise and then on completion and handover to a Tenant or Purchaser.
• advising a multinational drinks company on the purchase and construction works in relation to the restoration and expansion of a distillery and historical house in Ireland. As well as advising this client on all aspects of the works (including in particular on Irish requirements) Kim has put in place all construction contracts.
• advising on the procurement of construction contracts on a number of new, large residential projects and in particular on utilizing NEC for these projects.
• advised a joint venture between a contractor and operator for the development of a multi-purpose events centre in Ireland.
• advised a multinational manufacturing company in relation to a site remediation scheme prior to sale of the site. Advised on project structuring and drafted and advised on bespoke engineering and works contracts (FIDIC Green) for soil remediation. Currently assisting on the sale of the site.
• provided advice to a client on defective works in an on-going construction project for the development of office and residential blocks.
• advised a utility on a dispute about delamination of the glass façade at their headquarters.

Infrastructure

• advised an international consortium who are responsible for the provision of high speed broadband in Ireland on the contracts for the Project including Project Agreement with the Minister, the Design and Build Contract, and drafting and negotiation of all downstream subcontracts. Provided ongoing advice on the management of the contracts and any claims.
• advising the Land Development Agency on the procurement of construction contracts on a number of new, large residential projects.
• advised two potential bidders on two separate possible acquisitions of an internet provider this included a due diligence of all key contracts for the provision of the internet (e.g. cable and ducting agreements) and of the key customer contracts.
• advised a Public body during the negotiation and execution of the construction contract (and related documentation) and on various issues through-out construction of an airport control tower, including novation of sub-contractors, contractor claims and other ad-hoc queries.
• advised a D&B joint venture on a public private partnership for a university expansion, including drafting and negotiating downstream subcontracts and consultant appointments, settling them with concessionaire, concession grantor and funder, resolving payment claims and issues of vesting offsite materials.
• advised several local authorities and other public bodies on issues arising from the public works contracts across various projects e.g. contractor claims, advance payment bonds, performance bonds, Freedom of Information Act requests.
• advised on aspects of the Metrolink Project, particularly where NEC is being utilised. As part of the Metrolink Project, Kim has advised on (i) using NEC4 Option C for the main civil works contracts; (ii) infrastructure interfaces with various third party developments, and (iii) diversionary works arrangements with Irish Water and other utilities.
• advised an Irish utility on tendering and contracts for several capital projects and programmes, and proving ongoing advice on the projects and programmes
• advised a Contractor on conclusion of contract for a new paediatric hospital, including subcontracts (Value in excess of €1bn.) and providing ongoing advice on the project.

Energy

• a 10 month secondment on Codling Wind Park, a proposed offshore wind farm in the Irish Sea, approximately 13-22 kilometres off the County Wicklow coast, with a focus on procuring the turbine package but also advising on areas around ORESS, planning and other queries. Kim continues to provide ongoing assistance and advice on Codling.
• advised an Irish power provider on various contracts for the construction of a 115 MW dual fuel fired power plant on a greenfield site. This plant would be used to power a data centre next door.
• advised an Irish electricity provider on three of their recent windfarm projects. This included advice on the procurement of the relevant work packages and drafting the main construction documents including the EBOP, CBOP, Owner's Engineer and Design appointments. All contracts were based on FIDIC forms of contract with bespoke schedule of amendments. Kim partook in negotiations of and discussions on the contracts with the preferred bidders. Kim also performed workshops for the relevant personnel to ensure they understood how to operate the Contracts.
• advised the same Irish electricity generator on contracts for the construction of an anaerobic digestion process plant. Drafted contracts for grid ducting works (FIDIC Green), sewer and water mains works (FIDIC Red), project manager appointments. Advised on civil engineering contracts (IChemE) and other supply and installation contracts for the project. Also advised on the procurement of a new Transformer.
• advised the same Irish electricity generator on the purchase of a new transformer for one of their key onshore windfarms in Ireland. This agreement was with an international supplier and included some complex negotiation around shipping responsibility.
• advised an energy JV on Phase 2 of a large Wind Farm Project which included reviewing and drafting the Owner's Engineer appointment and a number of services agreements and responding to funder queries.
• advised a specialist contractor on the negotiation and agreement of an EPC Contract in respect of a waste to energy plant in the UK.
• advised an energy provider on the construction of a power plant for a data centre – this included initial advises on the work required and contract needed to build the data centre.

• BBL Business & Law, University College Dublin, 2012
• Solicitor, Ireland, January 2017