The construction industry in the Netherlands has been confronted with huge financial setbacks in recent years. This applies in particular to a large number of infrastructure projects.
After the debacle around the widening of the A15 motorway and the construction of the Botlek bridge, which almost meant the bankruptcy of Ballast Nedam, a leading Dutch construction company, projects such as the new sea locks at IJmuiden, the Twente canals, the Hoevelaken motorway junction and, more recently, the Zuidasdok project in Amsterdam are, from a financial and planning point of view turning into disaster projects, leading to losses of hundreds of millions of euro’s for the consortia that have been awarded these projects, let alone delays for the employer.
As a result of these difficulties, integrated contracts, such as D&C-contracts and DBFM contracts are a subject of discussion.
Based on a case study, this session will focus on issues that affect the success of a large, infrastructural project. Is an integrated contract still the most favourable form of contract for such projects, or are more traditional forms of contract, alliancing contracts or other ways of cooperation better solutions for a successful delivery of a project?
Furthermore, the session will focus on other factors that may affect a successful execution of a project, such as the way procurement procedures are structured, how risks could be allocated, and how penalties or rewards could be dealt with.
Professor Monika Chao-Duivis Director, Institute for Construction Law (Instituut voor Bouwrecht), Benoordenhout
Monika A.B. Chao-Duivis (1953) studied law at the University of Leiden. She worked at the Univerisity of Tilburg, where in 1996 she defended her phd thesis on Misrepresentation (Dwaling bij de totstandkoming van de overeenkomst, een onderzoek naar de eigenlijke en oneigenlijke dwaling).
In 1997 she became director of the Dutch Institute for Construction law and in 2004 she was appointed at the Technical University of Delft (Faculty of Architecture) as professor in construction law. She retired from the TU Delft in October 2019 with her farewell address: The case of the melting Dinosaur, thoughts on the design and build contract model. She received the decoration officer in the order of Orange. At the same time she said farewell in Delft she also retired as director of the Institute of Construction Law. For many years she has been an arbitrator with the Arbitration Board for the Building Industry and deputy judge in the Appeal Court The Hague. She is still a member of both organisations. She has been a member of the Committee of Procurement Specialists and member of the Board of Architectuur Lokaal (an independent national centre of expertise devoted to building culture).
Until she retired Monika Chao has been a member of the Editorial Board of Tijdschrift voor Bouwrecht (Magazine for Construction Law) and a member of the Editorial Board and of the Peer-Review Advisory Board (chairperson) of The International Construction Law Review. For twenty she has been the secretary general of the European Society of Construction Law. She publishes – nationally and internationally - on construction contract law, on the law of procurement and on general private law themes. At this moment she is working on a handbook on Dutch construction contract law.
Remmert Sluijter
Admitted to the Amsterdam Bar in 1991, Remmert Sluijter worked with Houthoff Buruma from 1991 to 1999. In 1992, he was seconded to a Dutch Engineering Firm (Comprimo, which was later acquired by Stork), which sparked his interest in Construction Law. In 1999, Remmert joined Pot Jonker advocaten in Haarlem, where he became partner in 2001. Since 1991 Remmert has acted as counsel in arbitrations and in proceedings before the Dutch Courts, mostly for large construction companies and also for engineering firms and governmental agencies. In the past years, the focus in Remmert's practice has shifted to acting as an independent third party, to prevent, mediate and resolve disputes in construction law. Cohézy, a platform for 'project coaching' in large infrastructure projects, has asked him in 2016 to become one of its 'project coaches'. Remmert is also a substitute judge in the District Court of The Hague.
Remmert is mentioned in Who's Who Legal and the Legal 500. He is the current treasurer of the International Construction Projects Committee of the IBA and a member of the Dutch Association for Construction Law (Vereniging voor Bouwrecht), the Dutch Arbitration Association and the Dispute Resolution Board Fountation. He frequently lectures on topics in the areas of construction law and alternative dispute resolution and is familiar with all Dutch General Conditions for Construction Contracts (UAV, UAV-GC, DNR, etc.) and with most of the FIDIC Conditions. Within Pot Jonker, he has acted as managing partner from 2010 through 2013 and again from 2015 through to 2017.
Jean-Pierre Van Eijck
Admitted to the Dutch Bar in 1991, Jean-Pierre van Eijck started his legal career at Loeff Claeys Verbeke in Rotterdam. In 1999, Jean-Pierre moved from Rotterdam to Eindhoven, where, in 2014, he started SPANT Advocaten, a boutique law firm with its focus on Construction law, Real Estate and Public Procurement. With nearly thirty years of experience in construction and real estate related work, Jean-Pierre has acted as counsel in arbitrations and in proceedings before the Dutch Courts and negotiated and drafted construction contracts. Most of his time, Jean-Pierre acts on behalf of large, international, construction companies and engineering firms.
Jean-Pierre is mentioned in Who's Who Legal. He is the current co-vice chair of the International Construction Projects Committee of the IBA, a member of the Dutch Association for Construction Law (Vereniging voor Bouwrecht), the Dutch Arbitration Association and the Society of Construction Law. He is familiar with all Dutch General Conditions for Construction Contracts (UAV 2012, UAV-GC 2005, DNR 2011, etc.) and with FIDIC Conditions as well as the Logic Conditions of Contract for Marine Construction.
Sarah Sinclair
Chair of the MinterEllisonRuddWatts partnership, Sarah is a highly-regarded construction and infrastructure specialist. She has extensive experience acting for both Government and private sector clients in large-scale, complex infrastructure projects. She is known for providing commercially pragmatic, strategic advice on infrastructure funding models, procurement strategies and contracting structures.
Sarah has extensive experience in combining the commercial components of a project with a deep understanding of procurement processes, particularly in pathfinder projects.
Sarah leads MinterEllisonRuddWatts’ roles acting for the Crown on the City Rail Link project (CRL) and the Auckland Light Rail project, and the Anchor Projects in Christchurch, and is adept at conceptualising strategy and navigating challenges inherent in projects carried out in the public eye. She also has particular expertise in Public Private Partnerships (PPPs), having acted for sponsors, banks or sub-contractors on all PPPs closed or brought to market in New Zealand to date.
Sarah sat on the Board of Infrastructure New Zealand from 2012-2019 and is an officer of the International Construction Projects Committee of the International Bar Association. She was recently appointed to the inaugural board for New Zealand Infrastructure Commission, Te Waihanga – a new entity responsible for planning and prioritising the country’s infrastructure initiatives.
Jane Davies Evans
Jane specialises in disputes arising on major projects in the energy, natural resources and infrastructure sectors. Jane has been described as ‘The most competent construction advocate’ with ‘unparalleled experience in dealing with quantum and delay claims’ who is ‘Devastatingly good for complex cases’, ‘Absolutely first rate’ and ‘A superb lawyer’ (Legal 500). Jane is also recognised by Chambers & Partners (‘A sophisticated advocate’ whose ‘eloquence and grasp of the technical and financial elements of complex cases is remarkable’) and is ranked for international arbitration and construction by Who’s Who Legal, as a Thought Leader for Construction (‘Incredibly impressive and extensive knowledge of working in multiple jurisdictions’ and ‘First rate experience in some of the world’s largest and most complex construction disputes’).
Jane has substantial experience negotiating contracts and as counsel in disputes involving major energy and infrastructure projects in Europe, Africa, Latin America, the Middle East and Asia. A dual-qualified lawyer and accountant, Jane is often appointed a counsel or arbitrator on disputes involving complex delay/disruption and quantum.
Jane is co-chair of the IBA International Construction Projects dispute resolution subcommittee, and a member of the steering committee for the Equal Representation in Arbitration Pledge.
Elina Mereminskaya
Elina Mereminskaya is partner at Wagemann y Cía – Lawyers and Engineers (WYCIA), a Chilean interdisciplinary boutique firm focused on construction and infrastructure disputes, dispute avoidance and strategic contract & claim management. She was distinguished by WWL as Global Leader in Construction 2020 and Arbitration 2020. WWL says “Elina Mereminskaya is a respected arbitration mind in the Chilean market whose practice focuses on construction, infrastructure, mining and energy disputes.”
Elina is Russian lawyer graduated from Kaliningrad University. She holds an LL.M. degree and a Ph.D. degree from University of Göttingen, Germany. She acts as arbitrator and is a member to the Directive Board of Arbitration and Mediation Center of Santiago Chamber of Commerce.
Michael O’Connor
Michael is an experienced construction and engineering lawyer, providing advice across the full scope of construction issues ranging from procurement/contract strategies through to dispute avoidance/resolution. Michael is familiar with all standard forms and methods of procurement including NEC, and FIDIC as well as projects utilising bespoke contracts.
His experience includes acting for clients on domestic and international disputes relating to city centre developments, shopping centres, sports stadia, leisure resorts, airports and cargo handling facilities, ports and petro-chemical and LNG plants.
Remmert Sluijter
Admitted to the Amsterdam Bar in 1991, Remmert Sluijter worked with Houthoff Buruma from 1991 to 1999. In 1992, he was seconded to a Dutch Engineering Firm (Comprimo, which was later acquired by Stork), which sparked his interest in Construction Law. In 1999, Remmert joined Pot Jonker advocaten in Haarlem, where he became partner in 2001. Since 1991 Remmert has acted as counsel in arbitrations and in proceedings before the Dutch Courts, mostly for large construction companies and also for engineering firms and governmental agencies. In the past years, the focus in Remmert's practice has shifted to acting as an independent third party, to prevent, mediate and resolve disputes in construction law. Cohézy, a platform for 'project coaching' in large infrastructure projects, has asked him in 2016 to become one of its 'project coaches'. Remmert is also a substitute judge in the District Court of The Hague.
Remmert is mentioned in Who's Who Legal and the Legal 500. He is the current treasurer of the International Construction Projects Committee of the IBA and a member of the Dutch Association for Construction Law (Vereniging voor Bouwrecht), the Dutch Arbitration Association and the Dispute Resolution Board Fountation. He frequently lectures on topics in the areas of construction law and alternative dispute resolution and is familiar with all Dutch General Conditions for Construction Contracts (UAV, UAV-GC, DNR, etc.) and with most of the FIDIC Conditions. Within Pot Jonker, he has acted as managing partner from 2010 through 2013 and again from 2015 through to 2017.