Infrastructure & Construction

+ 37 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.

Recent Matters

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.
6 October 2021

Westermeerwind Wind Farm successful in subsidy proceedings

De Brauw successfully represented Westermeerwind Wind Farm - the largest Dutch near-shore wind farm, located in the Noordoostpolder and generating an amount of energy comparable to what 160,000 households consume - in objection and in appeal proceedings before the Trade and Industry Appeals Tribunal (CBB) against the Minister of Economic Affairs and Climate Policy. The case centred on the government's intention to recover tens of millions of euro in wind farm subsidies based on alleged non-compliance with state aid rules. On 26 April 2021, the CBB ordered a recalculation of the subsidy reduction in favour of the Westermeerwind wind farm.
4 October 2021

EQT Infrastructure V and Stonepeak to acquire DELTA Fiber

De Brauw advised EQT Infrastructure V ("EQT V") and Stonepeak on their acquisition of DELTA Fiber from EQT Infrastructure III. DELTA Fiber is a leading owner and operator of fiber-to-the-home telecom infrastructure in the Netherlands. EQT V and Stonepeak will each hold a 50 percent stake in DELTA Fiber and co-control the company, supported by a strong advisory board of industry professionals.

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

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.