Benjamin Cunningham

Full Profile

Ben obtained a BA from Trinity College Dublin and completed his legal education and training in The Honourable Society of Kings Inns, Dublin. He was called to the Bar of Ireland in 2012 where hewas in private practise for 6 years specialising in insolvency, commercial and construction law.  Ben has appeared for clients in the District, Circuit, High and Supreme Court of Ireland in a range of cases for both plaintiffs and defendants.Ben was called to the Bar of England and Wales in March 2019 and is a member of the Honorary Society of the Middle Temple.

In 2018 Ben began specialising in construction law; advising a specialist UK and Irish firm before advising in further more complex cases for the construction disputes department of a top-tier Irish firm. Ben has experience in advising contractors, sub-contractors and employers in high value High Court cases ,statutory adjudications and contractual conciliations.

Ben has advised Irish government agencies in procurement law and strategy and is experienced in working in contractual construction disputes relating to large scale public infrastructure projects. Ben now specialises in construction disputes in KSA; representing clients in both local cases and international arbitration.

Experience

• Acting for and advising Saudi and International clients in construction disputes both in the local KSA courts and in international arbitrations.
• Acting for a Saudi government owned company in relation to claims and disputes with contractors on a series of EPC packages for integrated processing facilities.
• Advising a Special Purpose Vehicle of the Irish Government in relation to the procurement of the state’s National Children’s Hospital. The project, which is on-going, is valued at €1.7 billion. Ben prepared a conciliation position paper concerning the validity of the Client’s instruction to the Contractor to proceed with the second phase of the Guaranteed Maximum price contract. Ben was also advised the client in relation to actions brought against it relating to noise pollution and nuisance claims arising from the construction.
• Applying to the Irish High Court to have directors restricted and/or disqualified from taking part in the running of companies arising from breaches of directors’ duties
• Representing a high profile Irish entrepreneur in Partnership proceedings when the two other partners breached terms of a Partnership Agreement and made a false profit to the client’s detriment. The process involved lengthy and technical drafting of affidavits and orders for equitable reliefs.
• Representing Plaintiffs in proceedings brought under Planning Legislation; notably appearing in Judicial Review proceedings in relation to the building of gantry cranes in Dublin Port.
• Advising a large Irish contractor in a EUR €6 million final account claim against an employer and seeking further declaratory orders from the High Court.
• Appearing on behalf of Irish lenders in relation to the mortgage debt crisis between 2012 and 2018. Ben also advised a high profile Irish lender in relation to the auctioning of part of its loan book, valued at EUR €1.2 billion, and assisted in preparing it for sale.
• Obtaining a favourable result representing an established UK cladding and façade sub-contractor in a EUR €1.2 million statutory adjudication relating to a large scale commercial development in Dublin’s Silicon Docks.
• Extensive experience lecturing and presenting on standard form construction contracts and dispute resolution clauses to The Royal Irish Architecture Institute, Engineers Ireland and to Industry.