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NautaDutilh is a leading law firm in the area of construction in the Benelux. Our construction team has in-depth knowledge and vast experience in a broad range of project development matters. We advise and assist national and international real estate funds, financers, developers, contractors and other market players in respect of building contracts for the construction and fit-out of real estate, the realization of infrastructure and industry projects based on FIDIC contracts and other sector-specific joint venture structures. We also represent our clients in the complex construction disputes.

Thanks to our international network and constructive relationships with other leading international law firms, we are in an excellent position to provide advice worldwide. Our construction law team often works jointly with other top tier international law firms in transactions covering multiple jurisdictions. The construction team contributes to the research of World Bank Group on project development, UNECE Working Party on Public-Private Partnerships.

We have particular expertise and experience in greenfield and brownfield development of industrial sites, including chemical and pharmaceutical plants, distribution centers and data centers, as well as office space for national and international clients. 

The construction law team has experience with all general conditions that are used in the Benelux markets, including UAV 2012, UAV-GC 2005, DNR and FIDIC Contract Suite. The construction law team has specific expertise in the field of public private partnerships (PPP). The team has been involved in a majority of all PPP projects realized in the Benelux to date, and has mandates from sponsors or lenders for a significant number of projects that are currently in operation in the Benelux. 

The size of our team, together with the extent of our expertise and domestic and cross-border experience, enables us to act confidently and decisively in high-pressure situations.  Furthermore, we can rely on the combined expertise of our firms' outstanding finance, tax, corporate, regulatory, insolvency and dispute resolution departments – including its many dedicated specialists – as and when needed.  

Construction arbitration

NautaDutilh's construction team also assist its clients in contentious matters. We regularly assist our clients in the managing and resolving complex construction disputes, whether by way of expert determination, dispute boards, ADR, litigation or international arbitration.

Our construction arbitration team has a solid track record in disputes relating to construction projects, particularly in the field of energy, chemical industries, infrastructure and shipbuilding. We enjoy the working together with clients and experts on complex issues of engineering, delay and quantum.
Our team in particular benefits from a unique composition of lawyers seen in few other arbitration practices. We practice Dutch, Belgian and Luxembourg law from our offices in five countries. We handle cases under all the major arbitration rules worldwide, including those of the ICC, UNCITRAL, LCIA, SIAC, SCC, NAI, RvA and Cepani. 

Our construction arbitration team is supported by the largest dispute resolution group of all Benelux law firms (85+ lawyers), as a result of which we are well-placed to handle large, complex, cross-border matters. NautaDutilh is one of the few leading law firms in the Netherlands for dispute resolution and is consistently ranked in the highest regions of the various international rankings (Chambers, Legal500). 

Highlighted work

Construction

  • NautaDutilh assists Neste Oil on the expansion of its existing renewable fuels production capacity in Rotterdam.  
  • NautaDutilh assists the lenders to the consortium VeenIX on the €1bn design, build, finance and maintain (“DBFM”) contract for the broadening and improvement of the A9 highway between junctions Badhoevedorp and Holendrecht.
  • NautaDutilh assists the lenders to the consortium LEVVEL on the €900m design, build, finance and maintain ("DBFM") contract for the maintenance and redevelopment of the Afsluitdijk and surrounding areas. 
  • NautaDutilh assisted the lenders to the consortium on a new local police headquarters in Antwerp, entailing a comprehensive reorganisation of the project in which, following a post-closing dispute between the EPC contractor, the project company and the contracting authority, the existing equity stakeholders of the project company exited the project and the DBFM Agreement and EPC Contract, amongst others, were re-negotiated. The reorganisation also entailed amendment and restatement of the financing agreements. 
  • NautaDutilh assisted AG Real Estate with a PPP file relating to a DBFM project for a new maintenance hangar for A400M aircraft at the Melsbroek military base.
  • NautaDutilh assisted a major oil company in the court proceeding resulting from a dispute with one of its contractors relating to the increase of capacity of one of its production facilities.  
  • NautaDutilh assisted a premier Dutch architectural firm in its dispute with the employer regarding a EUR 490 million project.  
  • NautaDutilh is assisting Allianz on the development of an office building of approximatively 15,000 m² in the European quarter in Belgium. 
  • NautaDutilh assisted a major pharmaceutical company with respect to the construction of a pharmaceutical production site in Leiden, the Netherlands.
  • NautaDutilh assisted a major insurance company with respect to the renovation and fit-out of its new headquarters in Rotterdam, the Netherlands.

Construction Arbitration
 

  • Representing a Dutch oil company in international arbitration (ICC) on delay, disruption and defective work in a major construction project in the Port of Rotterdam.
  • Successfully defending Finnish engineering company in international arbitration (NAI) against claims brought by the owner under an EPCM contract in relation to a complex project to revamp a PET and PTA facility in Europoort, Rotterdam.
  • Assisting owner in construction arbitration (RvA) in relation to temperature controlled warehouse in Rotterdam port area.
  • Assisting major Dutch construction company in an arbitration regarding the construction of the Sophia railway tunnel.
  • Assisting major French construction company in a dispute regarding infrastructural works on the Port of Calais Project. 
  • Representing a Dutch offshore company in international arbitration (SIAC) in relation to the construction of semi-submersible crane vessels.
  • Assisting owners and shipbuilding companies in resolving delay and damages claims under shipbuilding contracts.
  • Representing an EPC contractor in litigation and arbitration relating to the construction of fibre optic cable link between Groningen and Hamburg.
  • Representing of Singaporean and Indonesian companies in international arbitration (SIAC) against a major Philippines conglomerate in relation to an infrastructure project in the Philippines.
  • Representing European gas majors in relation to the termination of a joint venture for the construction of a cross-border gas pipeline.
  • Assisting an international oil company in post-M&A dispute regarding the maintenance of an oil refinery.

What others say

  • '‘The construction team in NautaDutilh is first class and sets itself apart from its peers in terms of its ability to respond in a commercial manner focusing on the key issues of concern’. | The Legal500 | 2021
  • '‘The not only takes on the NautaDutilh team legal side of a transaction, but also discusses the commercial aspects of a deal in great detail’. | The Legal500 | 2021
  • '‘The availability, service dedication, strong commercial advice and deal making principles are embedded in the DNA of the team’. | The Legal500 | 2021
  • "Highly responsive, personable and diligent." | Chambers | 2021

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