Fergal Ruane is partner and Head of the ByrneWallace LLP Projects and Infrastructure team.  

Fergal has over 20 years’ experience advising both public and private bodies in the areas of construction, commercial and public procurement law and has advised on a vast array of large, medium and small scale projects in the transport, data centre, energy, ICT, health, residential, commercial and concession sectors.   

In particular, he has extensive experience advising on a variety of public procurement, construction, PPP, infrastructure, commercial, and ESG matters including consultancy and construction contracts, development/project agreements, framework agreements, tender documents, operation, maintenance and commercial contracts and related security documents.

Prior to joining ByrneWallace LLP, Fergal previously worked in the Railway Procurement Agency (now known as Transport Infrastructure Ireland) where he was Head of the Legal Team and Secretary for the Agency for over 7 years. He has also trained and held senior positions in a number of top 10 Irish corporate law firms in Dublin. Fergal is a member of the Law Society of Ireland’s Environment and Planning Law Committee.

Key Experience 

• Advising a number of different international data centre developers and operators on the development and/or extension of over 10 different data centres with a combined capacity of circa 250MW. This work included advice from the initial acquisition of sites, planning and regulatory issues through to the design, build, finance, lease and operation of the data centres and associated power infrastructure including, for example, the use of a forward fund approach, construction management delivery and negotiations for advance capacity customer agreements with hyperscalers and other large data customers.
• Advising an international energy sector manufacturer in relation to the delivery of energy infrastructure and services for a broad scope of projects including data centres, electric vehicle infrastructure and energy transmission and distribution systems.
• Advising an international client in relation to 3 separate Power Purchase Agreements (PPAs) to procure renewable electricity (from wind and solar sources) for its data centre operations in Ireland. 
• Advised an international client in relation to the delivery of new hydrogen power generation demonstration fuel cells to ESB to showcase what is the first deployment of hydrogen to electricity in Ireland.
• Advising clients in relation to on-site solar power purchase agreements and the development of battery energy storage systems.
• Advising both international and Irish clients in relation to the regulatory regime governing the development of off-shore wind farms and other clients in relation to the associated downstream investment and delivery opportunities arising in connection with such projects.
• Advising a number of clients in relation recycling projects and related regulations as part of their circular economy initiatives. 
• Advising a commercial property owner in relation to the legal avenues available to safeguard its property due to proposed development of the MetroLink system under its property. 
• Advising an International Property Group on a forward fund deal of 435 apartments and a health centre at 8th Lock, Ratoath Road, Pelletstown, Dublin 11 to German investor Union Investment for circa €200 million. 
• Advising an international client in relation to two separate forward fund transactions for large residential developments in the Dublin area.
• Advising a large Irish property group in relation to the development of and forward funding of a Private Rented Sector Scheme of over 1,200 residential units spread over four separate sites in Dublin City.
• Advising two Dublin local authorities in relation to three separate procurement procedures for the development of large scale mixed tenure residential developments which include private, social and affordable housing.
• Advices include drafting of tender documents, legal review of clarifications with tenderers, dealing with conflict of interest issues and regret letters.Advising the state health agency on public procurement and commercial agreements in respect of the development of primary care centres both on public and private lands.
• Advising an Irish property developer in relation to corporate, construction and commercial aspects of joint venture deal and associated agreements with an international real estate investment firm in connection with the development of up to 444 apartments at Stepaside, Dublin.
• Advising an international real estate investment fund on the property, construction, finance and commercial issues associated with the forward purchase of 72 apartments and commercial units in Dublin City.
• Advising an international discount retailer on the development of a mixed-use development in Ballymun, Dublin and the forward sale to an international investment fund of the significant student accommodation element of the development.
• Acting for an Irish hotel group in relation to the development of four hotels in Dublin and Galway, both on a direct and indirect basis.
• Advising an Irish property group on the re-development of large city centre property including interfaces with the existing Luas light rail system and the proposed new MetroLink. 
• Advising a developer in relation to the construction issues associated with the development of an international baccalaureate school in Dublin.
• Advising a public body on public procurement, construction, planning and environmental and health & safety law issues associated with development and operation of light rail and metro infrastructure and ICT projects in particular in relation to the preparation of tender documents, drafting and negotiating construction and consultancy service contracts and the defence of public procurement legal challenges.
• Advising a consortium funder, main works contractor, consultant and procuring authority in relation to the following Public Private Partnerships ("PPPs") - Social Housing PPP Bundle 1, Schools PPP Bundle 5, Charlemont Social Housing PPP, Metro North and Metro West (respectively). 

Qualifications

• Admitted as a solicitor in Ireland, 2002
• LLM, University College London, 1999
• LLB (Hons), National University of Ireland, Galway 1998
• Bachelor of Arts (Hons), National University of Ireland, Galway, 1996

Memberships

• Law Society of Ireland
• Dublin Solicitors Bar Association

Recommendations

Leading Individual - Legal 500, 2024

'Fergal Ruane consistently continued to provide us with his valued insights and sound judgement on our key legal issues. He has also built a strong team around him, which is essential in managing multiple and diverse demands.' - Legal 500, 2024

‘Fergal Ruane always delivers regardless of the deadlines.’ - Legal 500, 2023

‘Fergal Ruane and his team are extremely efficient, responsive and knowledgeable when advising in this technical area of the law. They are always very “solutions-focused” which is extremely important as a client, and are not afraid to give clear concise advice.’ - Legal 500, 2023

‘Fergal Ruane is extremely knowledgeable and experienced in this very technical area of the law but, beyond that and probably even more importantly for a client, he provides incredibly practical, concise, commercially-oriented, strategic advice that is invaluable.’ - Legal 500, 2023

Leading Individual - Legal 500, 2023

‘Fergal Ruane’s experience and understanding of the specificity in assisting public entities bound by the procurement rules proved extremely helpful. His advice and readiness to explain and educate us as a client with respect to complex legal and contractual matters were greatly appreciated. His well-established knowledge and experience relative to construction project contracts gave us confidence that our interests in the deal have been well protected. He made himself available to all our requests, even at short notice.’ - Legal 500, 2022

‘Fergal Ruane is extremely committed and responsive to client needs, with considerable experience in advising on data centre construction projects and colocation agreements.’ - Legal 500, 2022

‘Fergal Ruane is a trusted adviser and we highly value his strategic and commercial legal advice. He is someone you want in your corner.’ - Legal 500, 2022

'Fergal Ruane is a go-to person for procurement.' - Legal 500, 2022

'I work with two individuals who are exceptional at their work, Martin Cooney and Fergal Ruane. They work late into the night to get documents ready to meet our deadlines also.'  - Legal 500, 2021

‘Fergal Ruane has provided advice to our organisation on a major commercial development opportunity. Fergal has offered considerable advice, expertise and guidance to us in this matter, showing a clear understanding of any new relevant developments in this area which may have impacted on our own development proposals and talking us through similar projects – which was invaluable given our inexperience in that field. Fergal is professional yet very personable and has always been available at short notice to discuss any issues and concerns we have had and we look forward to his continued advice on this project.’ - Legal 500, 2021