Road & rail

National and international sponsors and construction companies turn to HabrakenRutten for advice and legal representation to successfully realise large scale infrastructure in the broadest sense. Having advised on nearly every significant infrastructure PPP project in the Netherlands in the past decade, we ensure that clients have access to best practises in all aspects.
 
We have handled first-of-their-kind projects and mitigated and managed risk for stake holders even under difficult market conditions. The list of projects includes national motorways (including aqueducts, tunnels and bridges), rail (including light rail and subway) and large scale wet infrastructure (bunker terminals, LNG storage facilities, river and sea locks).

References

The Beatrix Lock 
Advising a consortium on the transport infrastructure decree concerning the third lock chamber of the Beatrix Lock.

A9 PPP project 
Advising a consortium in on changes in the law concerning tunnel safety in connection with the A9 PPP project.

Ijmond sea lock PPP 
Advising a consortium on the province development plan concerning the Ijmond sea lock PPP project.

Sluis Limmel PPP project 
Advising Sluis Limmel PPP project consortium regarding the design of a ship lock in relation to the Zandmaas/Maasroute transport infrastructure decree.

PPP N33
Advising the consortium building the (PPP) N33 about the possibilities to improve their design within the scope of the relevant transport infrastructure decree.

A1/A6 refinancing
Advising the consortium in the first successful refinancing of a PPP project in the Netherlands during construction phase, including amendment of project documentation.

IJmuiden Sealocks Dredging subcontracting
Advising the consortium on the back to back subcontracting of large scale dredging works.

The Lock Projects 
Advising on bids for all the lock projects in the Netherlands, including the Princess Beatrix river lock PPP and the IJmuiden Sea Lock, the first large scale wet infrastructure PPP in the world. The IJmuiden Sea Lock is the largest sea lock in the Netherlands, providing access to the Amsterdam harbour. These projects are considered to be challenging in many ways and our lawyers have been actively involved from the start in the market consultation. For the first time, the latest in PPP is being applied on large infrastructure waterways, which will also need to attract multiple funders. The approximately €500 million Ijmuiden Sea Lock is the first major project in the Dutch locks PPP program to reach financial close.

A1-A6 Motorway PPP
Advising the winning consortium on the PPP A1-A6, the largest infrastructure project so far in the Netherlands with regards to the contractual financial value of more than € 1 billion. The financing is secured by 9 international banks, including the European Investment Bank. The project encompasses the complete renovation and doubling in capacity of the A1 – A6 motorway trajectory from the Amsterdam ring road and passing the Amsterdam airport to the city of Almere. This includes the doubling of two major bridges as well as a new railway bridge and aqueduct. 

Dredging project De Donge
Acting as lead counsel for several municipalities in disputes with dredging companies (UAV contracts). The arbitral proceedings were held at the Arbitration Board for the Building Industry. 

A9 Motorway PPP
Advising one of the consortia bidding for the A9 PPP project, including advising on the complex contractual and regulatory aspects a 1,5 km tunnel, situated in the densely populated area of Amsterdam.

A1/A6 Muiderberg railway bridge
Advising the consortium on the first successful renegotiation, with the contracting authority, of a DBFM contract in the Netherlands, including amendment of subcontracts and financial documentation.

Rotterdamse Baan Project 
Advising a major German construction company as consortium member, bidding for the second motorway entrance to the city centre of The Hague (Rotterdamse Baan project). The new entrance will predominantly consist of a tunnel trajectory.

A2 Motorway Maastricht 
Advising a consortium on the A2 Maastricht project, a € 650 million project involving the reconstruction of a main road at the entry of the city of Maastricht, which will be upgraded to a motorway and led through two double tunnels, one above the other, separating local traffic from traffic passing through the city.

N33 Motorway PPP
Advising on a bid for the N33 Motorway PPP project. This PPP project serves as a pilot to explore the possibilities of obtaining infrastructure financing from pension funds and other institutional investors, and will involve innovative “inflation-linked” finance structures.

Bridge repair conflict
Advising in a conflict regarding the repair and conservation of two bridges 

Subterranean rail crossing 
Litigation regarding the procurement and construction of a subterranean rail crossing for traffic in the densely-populated zone of Amsterdam-Rotterdam-Utrecht (Randstad).  

Motorway tunnel 
Advising in a conflict regarding technical installations in a new motorway tunnel in the densely-populated zone of Amsterdam-Rotterdam-Utrecht (Randstad).   

Amsterdam North-South metro line
Advising one of the consortia building the new Amsterdam North-South metro line on its position versus the contracting authority and its subcontractors, including bankruptcy situations.

Rail tunnel crossing 
Arbitration (NAI) regarding the construction of a tunnel crossing of two railways (UAVgc contract). 

River tunnel
Arbitration (RvA) regarding the construction of a road and tunnel under a river in the centre of the Netherlands (RAW / UAV contract).

Standaardcontract mini-PPP
Het opzetten van en redigeren van het standaardcontract voor zogenaamde mini-PPSprojecten, onder meer omvattende UAV-GC contractsbepalingen, factoring/financieringsovereenkomsten en samenwerkingsovereenkomsten tussen marktpartijen, overheden en de Bank Nederlandse Gemeenten.

PPP portfolio legal due diligence 
Executing a legal due diligence on the complete PPP portfolio (including infrastructure and accommodation PPP’s) of a large Dutch construction company for a foreign construction company bidding on the Dutch company in financial difficulties.

Dutch National Railways 
Advising the Dutch National Railways on all passenger train maintenance in the Netherlands on the € 165 million worth contract regarding the interior cleaning services of all passenger trains for a period of five years.

Double decker trains 
Advising and drafting contracts for the refurbishment and upgrading of VIRM-intercity double decker trains, including the development and installation of new electric traction engines.

Train leasing
Advising (and drafting) on various train leasing contracts for a rail transport companies.

High speed trains 
Advising on contractual aspects regarding the restructuring of a high-speed train service provider. 

OV-chip card
Advising on the contractual package surrounding the smartcard system (OV-chipkaart) for public transport in the Netherlands.

Delft rail tunnel
Advising on the ownership structuring of the new rail tunnel under the city centre of Delft connecting The Hague and Rotterdam.

VRS / Infrabel
Acting as Dutch co-counsel for a 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.

Networks & telecom

All of us at HabrakenRutten have in-depth knowledge of legal issues arising in the contracting and execution of complex, large scale electricity and telecom networks. Experience has been acquired advising sector specialists on the realisation of traditional (copper) and fibre telecom networks, as well as innovative (cross border) high voltage networks. We have accompanied our clients on their ever more diversified and innovative projects in these sectors and helped shape current best practises. 

References

Telecom network frame agreement
Advising and drafting a frame agreement for all (construction) work concerning the telecom network of a major telecom network owner in the Netherlands.

Telecom network agreements
Advising one of the largest telecom network construction companies on its fibre network facility agreements with all big telecom providers in the Netherlands.

High voltage masts 
Advising the telecom and networks branch of a major Dutch construction company on renegotiating its DBM contracts for new high voltage masts with the Dutch National Electricity Grid provider.

High voltage network delay damage
Advising a consortium regarding a delay damage claim against a high voltage network provider.

Energy & utilities

HabrakenRutten has extensive experience of the technical and legal issues that arise in the procurement and construction of energy projects of every sort. With knowledge of best practices in a rapidly evolving sector, we offer clients a commercial and strategic approach and help them to effectively steer projects from inception to completion. We advise sponsors, contractors and suppliers on projects in all energy related areas including oil & gas, power as well as water, wastewater, waste management and other utilities. We have particular experience in advising on alternative energy & renewables, including (offshore) wind farm projects and solar power.

References

Solar energy project
Advising an investor on the drafting of standard documentation regarding investments in rooftop solar power stations (including EPC, O&M, Development and PPA contracts).

Drinking water installations Noord-Holland
Advising as lead counsel 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.

Coal fired electricity plant 
Advising a contractor regarding a dispute with a foreign employer of a new coal fired electricity plant in the Netherlands.

Subterranean CO2 storage and transport pipeline
Advising a consortium on its contracting and regulatory position on the construction of an underground CO2 storage and pipeline facility in the Rotterdam petrochemical area.

Expert opinion nearshore wind park
Delivering an expert opinion on a dispute between the employer and the turbine supplier of a nearshore wind park in the Netherlands.

Q4 Wind Park
Acting as lead project counsel in connection with the development of the Q4 offshore wind park, which has been cancelled by the Dutch state following the introduction of a new regime for the tendering of off-shore wind projects.

Waste gasification plant 
Arbitration (NAI) regarding the construction and performance of a waste gasification plant (EPC contract). 

Wastewater treatment plant 
Advising local government on the tendering and contracting of a new wastewater treatment plant in the capital of the Dutch Province of North Brabant.

Industry & offshore

The advice of HabrakenRutten encompass all types of offshore facilities, including fixed and floating structures, subsea pipelines and infrastructure. Being largely sponsor and equity investor-focused in the offshore sector, we have experience in providing legal services from early planning and project development phases, through construction, operation and completion. We have experience in advising contractors and suppliers on the realisation of subsea pipelines, platforms and offshore wind parks and have been involved in a number of offshore wind parks in the Netherlands in recent time. We have access to a network of first class foreign law and tax firms, ensuring seamless service where necessary.

References

Superyacht construction hall
Advising a superyacht shipyard regarding the construction of a new construction hall large enough to accommodate the building of some of the longest yachts in the world.

Dairy producer dispute 
Acting as lead counsel for an internationally operating dairy producer in a dispute with a contractor regarding structural defects to its newly built high-bay warehouse (approx. 30.000 m2) in the province of Friesland, the Netherlands.

Geothermal drilling dispute 
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 transportation of waste.

South Stream LNG pipeline
Advising a consortium of two major Dutch construction and dredging companies on renegotiating its subcontracts for works on the South Stream LNG pipeline from Russia to Turkey under the Black Sea. 

Thames Oilport
Advising a major UK law firm on the contractual terms between its client and another party in relation to a dispute regarding a harbour oil terminal and NAI arbitration to be conducted in the Netherlands. 

The GATE Terminal 
Advising a French international construction group on its position in the GATE Terminal project in the Rotterdam port. The GATE Terminal is one of the world's largest LNG storage facilities.

Construction of a large test platform 
Advising a joint venture of maritime construction companies on its arbitration with its employer, a large Dutch offshore service company, concerning the construction of a large test platform needed for the dismantling of the Brent oil platforms in the North Sea.

Bunker terminal 
Advising a global transportation conglomerate on the commissioning and realization of a new bunker terminal in Flushing harbour.

Defects in tanker terminal 
Advising in a conflict regarding defects in a tanker terminal for fluids in the international Port of Rotterdam. 

Construction of container terminal 
Arbitration (NAI) regarding the construction of a container terminal in the international port of Rotterdam (UAVgc contract). 

Waste-to-energy installation
Arbitration (RvA) regarding the construction of a silt processing and energy producing installation (UAVgc contract). 

Gas pipeline
Advising and litigating regarding an offshore contract concerning a project
involving part of a gas pipeline in the North Sea.

FIDIC contract 
Drafting the Particular Conditions of a FIDIC Yellow Book contract as well as the Tender Documents for the design and construction of state-of-the-art new storage tanks in the port of Rotterdam, the Netherlands.

FIDIC dispute
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 Appeals in The Hague. The case concerns 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.

Housing & city planning

The lawyers at HabrakenRutten have witnessed the evolution of modern project development in the Netherlands from its roots in the last decades of the 20th century. We have participated in the creation of new legal structures for joint ventures and PPP projects and have many years of experience in all legal issues arising in project development in the broadest sense. Our sector focused approach, paired with extensive industry experience, has garnered us with a recognised track record in advising on and litigating around large housing projects and city centre regeneration projects as well as area developments in sometimes pioneering circumstances. 

References

Housing development Houthaven
Advising an area and property developer regarding the possibilities of a housing development (Houthaven) in Schiedam.

Sale of housing development portfolio
Advising one of the largest construction and real estate companies in the Netherlands on their divestment of a portfolio of housing developments in the north east of the Netherlands, involving 45 housing projects (more than 4000 homes).

Housing purchase scheme in earthquake area 
Advising the Nationaal Coördinator Groningen on the drafting of a property purchase scheme that will be applicable to residential properties in the earthquake area in the province of Groningen. The Nationaal Coördinator Groningen is a cooperation between the Dutch government, twelve municipalities and the province of Groningen, addressing the consequences of earthquakes caused by the exploitation of the nearby natural gas field.

Gershwin Brothers Amsterdam 
Advising the project developer on the development of luxury apartment buildings in the business district of Amsterdam.

European China Centre Rotterdam 
Advising and drafting contracts for the redevelopment, restructuring and subsequent sale of the ECCR (European China Centre Rotterdam) project, a joint venture between a large Dutch construction and development company and one of the largest Chinese construction companies. The project encompasses underground (underwater) parking facilities, commercial space and residential apartments in the Rotterdam version of a “Docklands” redevelopment area Katendrecht.

Stadionkwartier Eindhoven
Acting as lead counsel for a market leader in the field of floor heating and floor cooling in a dispute with a contracting party regarding the termination of an agreement. 

Rotterdam Calypso Project 
Advising the development branch of the largest Dutch construction company on the financial restructuring of the Rotterdam Calypso project, involving approximately 500 apartments, commercial space and underground parking.

City centre Leidsche Rijn 
Advising a consortium on the development of a new city centre in Leidsche Rijn, one of the largest currently ongoing real estate development projects in the Netherlands. The new area will consist of 32.000 m² of retail space, 8.000 m² of commercial facilities, 10.000 m² of office space, 734 apartments and an underground car park. 

PPP joint venture dissolution
Advising two major Dutch real estate developers on the dissolution of their PPP joint venture with a big municipality on a large-scale housing project, including successfully defence litigation against and amicable settlement of a € 220m claim. 

Vroondaal Residential PPP 
Advising a joint venture PPP of the City of The Hague and two large housing developers on the area development of a first of its kind ‘villa’ area south of The Hague.

Noorderhaven Zutphen redevelopment
Advising local government as well as a project developer on the PPP Noorderhaven – industrial area De Mars.

Termination of a long-term project development 
Litigation regarding early termination, linked to changed market circumstances as a result of the financial crisis, of a major long term project development in the province of Flevoland. 

Area development Zoetermeer 
Advising on the contracting and drafting contracts for an area development in the city of Zoetermeer, including office buildings, 700 residential units, high rise towers and subterranean parking garages.

Offices & retail

The expertise of HabrakenRutten includes projects in all office and retail related areas. As the commercial real estate market is gaining strength after the financial depression, we assist financers, owners, developers, contractors and engineering and design professionals with every stage of the office and retail construction process. Clients also come to us for the efficient resolution of commercial construction claims and assistance in post-closing and restructuring negotiations. We have attained recognised expertise in working together with renown architects on some of the most prestigious office buildings and shopping malls in the Netherlands and beyond. 

References

Retail and leisure investments 
Advising a global real estate investor regarding spatial planning issues in connection with various retail and leisure investments, including the shopping centres Amsterdamse Poort and Villa Arena.

The Mall of the Netherlands 
Advising a commercial real estate investor specialised in shopping centres, on the (re)development of the Mall of the Netherlands, the largest shopping centre project in the Netherlands.

Zoning plan city centre of Rotterdam 
Representing a real estate investor in various cases against formal adoptions of zoning plans, including the zoning plan Lijnbaankwartier-Coolsingel, encompassing the city centre of Rotterdam.

High-end real estate investments
Advising an independent Dutch investor regarding the possibilities of (re)developing various real estate assets, including the Hermes City Plaza in central Rotterdam.

Inner-city redevelopment dispute
Advising and litigating on behalf of a developer of high-end retail centres in connection with an inner-city redevelopment in Heerlen, involving retail, housing and office space.

Noorderboulevard The Hague-Scheveningen
Advising the developer of a retail/leisure project, forming part of the new beach boulevard in the coastal city of Scheveningen, on the contract with the municipality, as well as on a joint venture with a car park manager for the subterranean parking facilities.

Office building Prins en Keizer 
Advising the investor on post-closing disputes regarding a 20.000 m2 multi-tenant office building in Amsterdam city centre.

The NoMa House
Advising the financier on the financing of a 14,000 m2 natural stone and glass office building located on the Financial Mile in Amsterdam.

Gloria Galerie Berlin
Advising regarding attachment on shares and conducting summary proceedings at the District Court of Amsterdam for a German real estate investor regarding a real estate project in Berlin. 

‘De Knoop’ barracks Utrecht PPP
Advising sponsors, including Austrian-German construction companies and a Belgian equity investor, on their bid for ‘De Knoop’ barracks DBFMO project. The former Knoop barracks in the centre of the city of Utrecht will be redeveloped into a 30.000 m2 so-called compact civil servant office building with conference centre and guest workplaces for multiple government tenants.

Embassy Buildings The Hague
Acting as lead counsel for a large Dutch construction company in a dispute with an African State (negotiations). The dispute concerns the renovation of the embassy buildings of the African State in The Hague.

Accommodations & leisure

HabrakenRutten possess experience in the entire spectrum of (public) accommodations and leisure projects. Constructions with specialised functions requires expertise in sometimes complex niches, such as hospitals, science parks and laboratories with ‘clean rooms’ or innovative penitentiary institutions using leading-edge technology. We have also advised projects with ground-breaking civil and installation technology, such as realising one of Europe’s largest animal attraction parks with the biggest indoor climatized hall in the world. Clients in this sector need an experienced, guiding hand to ensure the needs of all stakeholders are met, that all conflicts are prevented or resolved and that issues are handled in a timely and cost-effective manner.

References

Emmen Zoo
Advising on the development, financing and maintenance of one of the largest ZOO in Europe, located in Emmen near the German border. The ZOO will feature many novel attractions and ways of letting visitors experience the animals and their climate zones, including ground breaking civil and installation technology.

Restructuring and sale of hotel operations
Advising one of the largest Dutch family owned real estate investment funds on the restructuring and refinancing of several hotel operations, including the sale of several hotel operations to the Fletcher Group.

ROC Leiden
Advising one of the largest Dutch family owned real estate investment funds on its position vis-à-vis the state-owned financier in connection with the looming bankruptcy of a large regional education centre (ROC) in Leiden, involving renegotiating contracts with the ROC and the State, as well as renegotiating a € 170m financing package, attracting much media attention.

Town Hall Westland PPP 
Advising the winning bidder for the Town Hall DBFMO project in the municipality of Westland, the first example of a DBFMO based project financing on municipal level in the Netherlands.

Supreme Court The Hague PPP 
Acting as consortium counsel on a bid for the Supreme Court (“Hoge Raad”) PPP project.

HagaZiekenhuis 
Advising on the procurement, zoning & planning and the PPP contracting for the enlargement and renovation of HagaZiekenhuis, a major hospital in the city of The Hague. The project forms part of a larger redevelopment area, also involving negotiations and contracting with local government and (other) private parties.

District Court Breda PPP 
Advising sponsors, led by one of the biggest German construction companies, on their bid for the District Court DBFMO project in the city of Breda. 

Hospital Joint Venture
Advising a major hospital on the unbundling of its joint venture with a technology company and a facility services provider pertaining to both hard and soft facilities management services (in total including some 400 personnel).

Feijenoord Soccer Stadium 
Advising a consortium, including one of the major Dutch construction companies and a leading architect company, on its bid for the new 65,000 seat Feijenoord soccer stadium, including surrounding area development, in Rotterdam.

Amsterdam Science Park 
Litigation regarding the project management of a high-tech laboratory construction project at Science Park, Amsterdam. 

Technopolis Delft
Advising on the (re)development of the Technopolis, a research and development campus, a joint venture PPP between the City of Delft and the Delft Technical University.

Airport sprinkler installation 
Advising in a conflict regarding the construction of a sprinkler installation at an international Dutch airport.

Logistics & distribution

HabrakenRutten has developed the industry knowledge required to provide specialised support to clients in the logistics and distribution sector. Clients face an ever-tightening race to gain a competitive advantage in this sector. Our expertise includes advising on sophisticated warehouses and logistic hubs weather connected to road, railway, airport, or seaport. We understand the sector specific challenges, including climatization and refrigeration while achieving the highest possible sustainability rating. We also advise our clients on realising facilities with the very latest of high-tech internal transport and order picking systems.

References

Logistic Centre Nieuwegein 
Advising the financier on the financing of a 41.000 m2 refrigerated logistic centre with a high sustainability rating.

US Geologistics warehouse 
Advising US Geologistics on its new warehouse, including sophisticated internal transport and order picking systems.