Infrastructure & Construction

Nicolien van den Biggelaar
Bommel van der Bend
Menno Stoffer
+ 39 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

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.
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.