David O’Leary

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"When men understand what each other mean, they see, for the most part, that controversy is either superfluous or hopeless."

- Cardinal Newman (1881 - 1890)

David O'LearyDavid O’Leary

David O’Leary has practiced as a Chartered Quantity Surveyor for over thirty years including as Managing Director of OLM Consultancy up to 2011. In recognition of the costs associated with Arbitration and the industry requirement to resolve disputes in an efficient and cost effective manner; David initiated, and was the founding Managing Director of, MKM Dispute Resolution in 1992. MKM promoted Mediation and Conciliation as a means of resolving building, engineering and related disputes until their formal incorporation in dispute clauses in the standard main contracts and associated sub contracts.

In addition to practising as a Mediator / Conciliator since the early 1990’s David has also given many talks on the subjects. David obtained a Barrister-at-Law degree from the Honorable Society of Kings Inns in 1991. This legal qualification, combined with David’s dual experience as a practicing Chartered Quantity Surveyor and Mediator / Conciliator has been recognised in the industry and has resulted in many appointments as Arbitrator by agreement of the disputing parties.

    David O'LearyCurriculum Vitae

    David O’Leary

    Managing Director

    Qualification

    BSc, ASCS, MRICS, DipArb, FCIArb, Barrister-at-Law

    Career History

    1982 – 1990 | Graduate / Senior Surveyor | Brendan Merry & Partners

    1980 – 1993 | Associate Partner | Desmond MacGreevy & Partners

    1992 – Present | Managing Director | MKM Dispute Resolution

    1993 – 2011 | Managing Director | OLM Consultancy

    Dispute Resolution

    David combined his primary qualification of Chartered Quantity Surveyor with his experience and legal training to practice as a Mediator / Conciliator in construction and engineering disputes since 1994 and as an Arbitrator since 2001 with in excess of one hundred appointments, including more than thirty as Arbitrator.

    Appointments have also been received as Adjudicator and Expert Determinator.

    David has also prepared many Expert Reports and appeared as an Expert Witness in Arbitrations and Court Hearings.

    Relevant Experience

    Whilst most appointments have been by agreement of the parties nominations as arbitrator have been received from the High Court, President of the Royal Institute of the Architects of Ireland, the President of the Society of Chartered Surveyors Ireland and the President of the Construction Industry Federation. Appointments have been made on a broad range of building and engineering disputes, including multi party disputes. Sample projects include residential developments, local authority housing schemes, food processing plants, medical facilities, schools, university facilities, mixed used commercial / retail / residential developments, water schemes, drainage schemes, road, tunnel and interchange schemes, co-developer disputes, employer / consultant disputes.

    The disputes have been under the RIAI, GDLA, IEI and GCCC forms of contract, both traditional and design and build forms, and also bespoke contracts. Values in dispute have exceeded €20.00m.

    Co-presenter of one day seminars on Mediation / Conciliation to the Royal Institute of the Architects of Ireland, the Society of Chartered Surveyors Ireland and the Construction Industry Federation.

    Co-presenter of in excess of 40 two day and three day seminars on the Public Works Contracts to Government Departments and Public Bodies and presented 30 half day lectures on the Public Works Contracts to the Society of Chartered Surveyors Ireland.

    Lecturer on the Public Works Contracts on the Professional Diploma in Architectural Practice course (Level 9) at the Dublin Institute of Technology as part of the Royal Institute of the Architects of Ireland criteria for Architects Registration.

    Co-presenter of a five day Conciliation course for the Society of Chartered Surveyors Ireland.

    Member of a number of committees in the Society of Chartered Surveyors Ireland covering the Public Works Contracts and Dispute Resolution.

    Member of cross industry dispute panels including:
    – Society of chartered surveyors Ireland
    – Engineers Ireland
    – Construction Industry Federation

    APPOINTED ARBITRATOR BY:
    – THE HIGH COURT
    – ROYAL INSTITUTE OF THE ARCHITECTS OF IRELAND
    – SOCIETY OF CHARTERED SURVEYORS IRELAND
    – CONSTRUCTION INDUSTRY FEDERATION

    APPOINTMENTS AS FACILITATOR, EXPERT DETERMINATOR AND ADJUDICATOR

    INDIVIDUAL DISPUTES UP TO:
    – MEDIATION €9.00M
    – CONCILIATION €13.00M
    – ARBITRATION €24.00M

    EXPERIENCE OF MIDDLE EAST BASED DISPUTES