Infrastructure & Construction

Nicolien van den Biggelaar
Bommel van der Bend
Menno Stoffer
+ 40 other experts

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.

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
Chambers Europe, 2021

Insights

16 March 2021

Consultation launched on new legal entity for social entrepreneurs

In July 2020, the Dutch government announced its plans to introduce the BVm (maatschappelijke BV) in Dutch corporate law – see our previous In Context article. The BVm is a new type of private limited liability company for social entrepreneurs active in addressing societal issues. The new type of legal entity will make it easier to identify companies with a positive impact on society. This will in turn help social enterprises and stakeholders connect and do business with each other.
12 November 2020

De Brauw launches HSE Incident Response Guide

Managing Health, Safety and Environment (HSE) incidents is crucial. An adequate response to incidents is vital during the early stages of an incident and when supervising and investigating authorities visit the site. As it is difficult to find easily accessible and coherent information on the key do's and don'ts, De Brauw has created a step-by-step guide setting out how to adequately respond to HSE incidents. This interactive PDF combines practical information with relevant legal guidance, such as which authorities to notify about an incident and whether you have a duty to cooperate or a right to remain silent. Our guide helps you to oversee your company's interests and those of your employees, and at the same time prepares you for a potential enforcement process. The guide is available on our website and downloadable.
23 October 2020

Privilege of foreign in-house counsel: English court sets standard, Dutch to follow?

A recent high court judgment in England provides a clear-cut rationale for attributing legal advice privilege to foreign in-house counsel. The High Court concluded that it is the "function" of the relationship and not the "status" of the lawyer that is relevant in the case of foreign in-house counsel. It is not necessary to assess whether certain formalities are applied, as that would undermine the basic rationale for legal privilege. Interestingly, this English ruling stands in contrast with the reasoning in a 2019 ruling by a Dutch district court, which focused on national formalities and ruled that certain foreign in-house counsel did not enjoy legal privilege because these formalities, in particular the signing of a professional charter as required by the Netherlands Bar, had not been met.