Giving large construction projects a solid legal foundation

"Once you are captivated by construction projects, it is difficult to let it go. The great thing about this work is that the projects are tangible and you are assisting parties in realizing essential whether it be energy infrastructure such as onshore and offshore wind farms, an LNG terminal in Rotterdam or road infrastructure projects like the Rijnlandroute. Our role in that end result as lawyers is perhaps modest, but it is incredibly important that there is a clear and workable agreement underlying such a project. In that, we facilitate and represent the interests of both larger contractors, employers and asset owners, such as owners."

Avoiding blind spots

“We assist our clients in the negotiation phase or when there are disputes. Knowing what the stakes are on the other side of the table allows me to advise my client even better and in a more well-rounded way. Knowing the interests of both parties helps enormously. Part of my job is to avoid blind spots in a contract. Sometimes, certain issues seem to be well understood on both sides of the table, but when digging deeper and expanding on the discussion it may very well appear that there are differing views or different interpretations. Getting clarity from that discussion is so important before giving the best possible advice and writing down the outcome as clearly and accurately as possible in order to avoid interpretation differences. Pushing back problems to the execution phase of the work, does not make the problem disappear."

"By raising all possible issues and ambiguities during the negotiation phase, the parties involved are able to avoid disputes at a later stage"

Finding solutions together

"Having experience both in national courts and all relevant arbitral institutions, we are also called upon when disputes arise. Often, the first thought on the clients side is: we are going to court or arbitration. What some clients perhaps don’t realize is that an alternative way to involve a neutral decision maker, may very well be the best for the project. And it is my duty to look for those opportunities to help my client in resolving the dispute in the most effective way. That may be through the courts, yet another proven way is a private form of dispute resolution, such as through the Arbitration Board for the Building Industry, via dispute boards or business mediation. In most cases, an alternative method than going to courts, could mean that the dispute is resolved within a few months instead of a few years. That, too, is something you can and even must consider in the negotiation phase of a contract. A dispute means uncertainty, while everyone benefits from certainty."

Typically Ploum

"At Ploum, we have in-house experts who can supervise large construction and real estate projects from start to finish. Not only in the Netherlands, but also internationally. We are one of the few law firms with extensive experience with international FIDIC contract models. That can be very useful, for example if there is a financier in London, or if a contractor is brought in from abroad. Then it is no problem for us to switch from a contract with a Dutch model to an international FIDIC contract. That really is a unique selling point of our team."