Infrastructure & Construction

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We've been building expertise in large-scale landmark projects, for decades

Our position in contentious and non-contentious construction matters is unrivalled in the Netherlands. We help our clients with shaping contract strategies for our clients’ most important large scale construction projects, have wide experience with project financing including PPP-financing, provide in-depth procurement and public law advise, and have an unrivalled track record in litigating and arbitrating complex construction disputes.

Our construction group focusses on both large-scale projects with a high grade of complexity, and on construction projects with an international character. One of our key success factors is our focus on technical and commercial issues, making it possible for our lawyers to truly team-up with clients’ technical and commercial experts. Over the years, we have been involved in many landmark projects in a wide variety of sectors and jurisdictions. These projects include the construction of breakwaters and harbour facilities, terminals, including offshore jetties for the oil and gas industry, oil and gas rigs and pipelines, special purpose vessels, and largescale (renewable) energy projects.

Our specialists are adept in covering all aspects of construction projects, both contentious and non-contentious, including advising on tender and contracting strategies; applying international standards, such as FIDIC, Logic and Ichem in both common law and civil law jurisdictions; project financing; zoning and permits; and dispute resolution, including DAB, mediation and arbitration under the leading arbitration rules.

Recent Matters

20 April 2022

Nordian sells BauWatch Group to Haniel

De Brauw advised Nordian on its sale of the BauWatch Group to Franz Haniel & Cie. GmbH. The BauWatch Group provides security, compliance and safety solutions at construction sites. The BauWatch Group is active in the Netherlands, Germany, Belgium and the UK.
22 December 2021

Porthos CCS Project reaches key milestones

De Brauw's multi-disciplinary energy and infrastructure group acts as project counsel to Gasunie, EBN and Port of Rotterdam on the Porthos carbon capture and storage (CCS) project. Last week, these parties set up the various entities they will use to develop, own and operate the Porthos Project. They also entered into several cooperation agreements. In addition, Porthos and its launching customers Air Liquide, Air Products, ExxonMobil and Shell signed the final contracts for the transport and storage of CO2.
8 October 2021

Akastor and Baker Hughes establish a joint venture company to deliver global offshore and onshore drilling solutions

On 1 October 2021, Akastor and Baker Hughes completed the establishment of a joint venture, creating a global full-service offshore and onshore drilling equipment company. The new company will be known as HMH and combines two of the best-known equipment manufactures in the industry. HMH aims to support the offshore drilling industry’s transition toward more energy-efficient solutions, as well as deploying technologies and service solutions to make the sector more competitive through increased drilling efficiency. Moreover, the Company’s service and technology portfolio will provide a solid foundation for future growth, both within drilling services and when pursuing opportunities towards adjacent industries such as renewables and mining.

De Brauw has leading edge competence in construction law and knows how to interweave this effectively in the client’s process, in such a way that there is added value for the projects involved.

Chambers Europe, 2021

Insights

24 February 2022

UPC is starting up – companies to begin preparations

After a long period of uncertainty, it looks like the Unitary Patent and the Unified Patent Court (UPC) will become a reality, possibly by the end of this year. This change in the European patent system has implications for both existing and future patents. Companies will have to choose between European bundle patents or Unitary Patents, and whether they want their patents to be subject to the UPC's jurisdiction. This article summarises the basics of the "Unitary Patent package" and outlines the important choices that patent holders will face soon.
2 August 2021

Efficiently resolving disputes in construction projects

Bommel van der Bend and Sebastien Davys-Brown wrote an article for Who's Who Legal in May 2021. They believe that additional efficiencies in project dispute resolution can be achieved by (i) providing additional legal competence to the project team and (ii) adopting "active claim management" methods to identify, review and analyse issues around the disputed areas of a project at the same time. The goal being to develop an informed and legally consistent strategy so that appropriate decisions can be made to resolve the dispute at the time it occurs. Click here to read the online article and here for the PDF.
15 July 2021

Dutch government plans to introduce foreign investment screening with retroactive effect

A bill was recently submitted to parliament establishing a national security screening regime where target undertakings active in the Netherlands in vital processes or sensitive technology, are being acquired. In 2020, the Dutch government indicated its intention for the screening mechanism to apply retroactively. Under the current bill, the regime would apply to qualifying investments made after 8 September 2020.

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