Attorney at law, Partner

Jacob Henriquez

Specialisation

Jacob Henriquez specializes in Construction law, Real Estate and Arbitration. He is an experienced lawyer that handles complex matters in the Construction & Engineering, Real Estate, Infrastructure, and Offshore sectors, offering robust and knowledgeable representation across a broad range of topics.

Jacob advises his clients on forms of cooperation within real estate and construction projects, the types of contracts most suitable to the project (Design & Build, DBM, DBMO-agreements) as well as the allocation of project-specific design and construction risks.

He advises on contentious construction and infrastructure projects across a variety of industries, including transport, energy, petrochemical, and construction. He also negotiates and drafts construction agreements for (international) clients, amongst others EPC and O&M contracts for renewable energy projects. Most recently he has been involved in cases regarding the construction of datacenters and industrial projects in the Rotterdam harbour (FIDIC, EPC, D&B).

Litigation and arbitration

Jacob is an experienced and convincing litigator, representing his clients before state courts as well as in complex construction arbitration cases. He is proficient in disputes in the Netherlands that have international elements. He also acts for international clients in – inter alia – injunction and emergency relief proceedings, disputes regarding conservatory attachments and enforcement disputes.

As a client you will get the highest quality from his team that is dedicated to solve your dispute, whether this be in court or out of court.

FIDIC expertise

Of particular note is Jacob’s in-depth knowledge of the FIDIC standard forms of contract in which matters he has successfully represented and advised his clients. His publications on a number of FIDIC related topics in renowned construction law journals further underlines his FIDIC expertise.

What clients say about me

The people of Ploum’s Construction & Real Estate team are in my experience professional and thorough. Their support in a complex negotiation process regarding a lease agreement and a design & build construction contract for our new head office was well appreciated. 

Track record

Education

  • Procurement law for lawyers (VU Amsterdam – 2019);
  • Grotius Academy Real Estate law (2014)
  • Master International Commercial Law (University of Glasgow, cum laude – 2008)
  • Master Dutch Law (Tilburg University – 2007)

Representative matters

  • Drawing up contracts for infrastructure projects within a large area development in Almere;
  • Advising an LNG terminal on the Maasvlakte in Rotterdam about an EPC contract for a large scale project;
  • Advising a Dutch offshore wind farm on a FIDIC White Book agreement;
  • Advising a Dutch service provider in public lighting and traffic installations on procurement law issues;
  • Negotiating a D&B agreement on behalf of a client for the realization of its new headquarters in the Netherlands;
  • Drafting a contract for a thermal energy storage system on behalf of a project developer for a large scale development in Amsterdam;
  • Representing a municipality in court proceedings regarding a real estate dispute;
  • Acting as Dutch local counsel for an English barrister in an international arbitration (with seat of arbitration in The Hague) regarding an infrastructure project in Africa;
  • Advising a Dutch hospital on the sale of its real estate;
  • Acting as counsel for a Dutch tank terminal in ICC proceedings about the termination of a FIDIC contract;
  • Acting as lead counsel for a Dutch tank terminal company in multiple summary proceedings at the Rotterdam Court, as well as a successful appeal procedure at the Court of Appeal in The Hague. The case concerned a dispute with a Luxembourg contractor regarding the termination of a FIDIC Yellow Book contract for the design and build of storage tanks in the port of Rotterdam, the Netherlands;
  • Conducting summary proceedings for a Dutch technical services company in the (petro)chemical and energy sector against a German company. The dispute concerned geothermal drilling and the transportation of waste;
  • Prejudgment attachment of company shares and conducting subsequent summary proceedings at the District Court of Amsterdam for a German real estate investor regarding a well-known real estate project in Berlin;
  • Acting as lead counsel for the largest company in the Netherlands in electrical engineering and technical installation works in a dispute with a contracting party regarding the termination of a continuing performance agreement;
  • Acting as lead counsel for a market leader in the field of underfloor heating and underfloor cooling in a dispute with a contracting party regarding the termination of an agreement. The construction project was one of the largest in its kind in a major Dutch city;
  • Acting as Dutch co-counsel for a Dutch company in the railway industry against a Belgian railway infrastructure management company in summary proceedings at the Arbitration Board for the Building Industry regarding issued bank guarantees;
  • Various arbitration proceedings regarding delay and disruption, claims for additional works, damages, defects etc. including commercial and residential housing projects;
  • Acting as lead counsel for several municipalities in disputes with dredging companies. The arbitral proceedings were held at the Arbitration Board for the Building Industry;
  • Advising a major UK law firm on the contractual terms between its client and another party in relation to a dispute regarding an oil port terminal and NAI arbitration conducted in the Netherlands.;
  • Acting as lead counsel for a large Dutch construction company in a dispute with an African State (successful negotiations). The dispute concerned the renovation of the embassy buildings of the African State in The Hague;
  • Advising a representative of a Middle Eastern State following a dispute with a contractor.

Memberships

  • Association for Dutch Construction Lawyers (VBR-A)
  • IBA International Construction Projects committee
  • Editorial board of ‘Construction Law International’ (CLInt)
  • Dutch Arbitration Association (active member of its construction committee),
  • Netherlands Arbitration Institute
  • General Council of the University of Glasgow

Publications (books)

  • Author of the book: ‘Aanneming van (bouw)werken. Een korte introductie’ (Boom juridisch, 2020)
  • (Final) editor of the book: ‘Processuele rechtspraak van de Raad van Arbitrage voor de Bouw’ (Instituut voor Bouwrecht, 2016);
  • Co-author of the book: ‘Garanties in de Rechtspraktijk’ (Kluwer, 2015).

Publications

  • Annotatie bij RvA 17 november 2020, no. 36.886 ‘De toerekening van kennis aan een aannemer als rechtspersoon en de bekendheidsuitzondering uit Geurtzen/Kampstaal’ (BR 2021/46)
  • Article in Dutch Construction Law review ‘De Wet kwaliteitsborging voor het bouwen en de nieuwe aansprakelijkheidsbepaling uit art. 7:758 lid 4 BW. Aandachtspunten voor de praktijk’, TBR 2020/80;
  • Article in Dutch Construction Law review ‘De FIDIC Golden Principles: is goede raad goud waard?’ TBR 2020/18;
  • Case note in the Dutch Construction Law Review on Court Judgment 7 May 2018 (ECLI:NL:OGEAC:2018:79) ‘Dispute Adjudication Boards as part of dispute clauses’ (TBR 2019/24);
  • Case note in the Dutch Construction Law Review on RvA 21 November 2018, no. 36.120 (About liability and the duty to warn) (BR 2019/16);
  • Case note in the Dutch Construction Law Review on RvA 16 February 2018, no. 35.734 ‘De reikwijdte van de ontwerpverantwoordelijkheid van de Opdrachtnemer onder de UAV-GC 2005’ (TBR 2018/109);
  • Article in Dutch Construction Law review ‘De FIDIC Rainbow Suite 2017 – een overzicht van de belangrijkste wijzigingen in de general conditions van de Red, Yellow en Silver Book’ (TBR 2018/103)
  • Case note in the Dutch Construction Law review on RvA 27 October 2017, no. 33.169 ‘Sprake van een risicovol ontwerp? Schending van de contractuele waarschuwingsplicht door Aanneemster’ (BR 2018/15);
  • Article in IBA International Litigation Newsletter ‘Going Dutch: the Netherlands as an attractive litigation forum for international disputes in the English language’ (April 2017);
  • Article in AvdR Magazine ‘HR Cattier/Waanders: een onderbelicht fundament voor de waarschuwingsplicht van de opdrachtgever?’ (about the duty to warn in construction law);
  • Case note in the Dutch Construction Law review on RvA 14 April 2016, no. 72.020 ‘Uitleg van een depotregeling uit een koop-/aannemingsovereenkomst’ (BR 2016/64).

Click here to see more publications (articles and case notes).

The Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister)

Jacob Henriquez has registered the following principal (and secondary) legal practice areas in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister):

  • Real estate law (vastgoedrecht), sub legal practice area construction law (bouwrecht); and
  • Civil procedural law (burgerlijk procesrecht), sub legal practice area arbitration, sub legal practice area attachment and enforcement law (beslag-en executierecht) and sub legal practice area ligitation.

Based on this registration, Jacob Henriquez is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.

Ask a question

Subscribe to our newsletter

Personal data

 

Company details

For more information on how we use your personal information, please see our Privacy statement. You can change your preferences at any time via the 'Change your details' link or unsubscribe via the 'Unsubscribe' link. You will find these links at the bottom of every message you receive from Ploum.

* This field is required

Interested in

Create account

Get all your tailored information with a My Ploum account. Arranged within a minute.

I already have an account

Benefits of My Ploum

  • Follow what you find interesting
  • Get recommendations based on your interests
  • Subscribe quickly to knowledge events and Ploum Academy
  • Use question and answer options in articles

*This field is required

I already have an account

Benefits of My Ploum

Follow what you find interesting

Receive recommendations based on your interests

Quick registration for knowledge events and Ploum Academy

Post comments on articles


Why we ask your name.

We ask for your first and last name so we can use them when you register for a Ploum event of Ploum academy.

Password

A password will automatically be created for you. As soon as your account has been created you will receive this password in a welcome e-mail. You can use it to log in immediately. If you wish, you can also change this password yourself via the password forgotten function.