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Peter Habraken

Partner

Phone: +31 (0)88 374 49 14
Cell: +31 (0)622 42 07 67
Email: p.habraken@habrakenrutten.com

Construction
Procurement
Projects & Project Finance
Real Estate

Peter Habraken is the trusted advisor brought on-board by industry players when it comes to ensuring the success of large projects in the real estate, infrastructure, energy and transport/logistics sectors. His long standing focus on asset development processes and experience from nearly every significant (PPP) project in the Netherlands in the past decade ensures his clients access to best practises as well as solutions to unique situations. Appreciated for his commercial approach, his clients rely on him to achieve ‘bankable’ legal structures, desired exit strategies as well as risk management along the entire life cycle of a project. When necessary he represents his clients in court.

Peter is a member of a number of professional associations within his area of practice, including the International Bar Association. He is a co-founder and member of the Dutch and German Lawyers Association and is fluent in German. In addition, Peter lectures at the Amsterdam School of Real Estate as well as at Leiden University. 

Legal 500 (2018 Edition) 
Peter Habraken is ranked as a Leading Individual in Construction and described by clients as “open minded" and part of a team with "deep industry knowledge" in Project Finance and PFI.

Chambers Europe (2018 Edition) 
Peter Habraken is consistently ranked by Chambers Europe as a leading individual in Real Estate since 2008.

IFLR1000 (2018 Edition) 
Ranked as a Highly Regarded in the practice areas PPP/PFI and Project finance.

Experience includes

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

Advising the consortium on the back to back subcontracting of large scale dredging works.
 
Advising the developer of a large scale solar energy project on the development agreement, EPC as well as the Service/Monitoring agreements.
 
Advising a contractor regarding a dispute with a foreign employer of a new coal fired electricity plant in the Netherlands.

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

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.

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.

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.

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. 

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.

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.

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. 

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.

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.

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.

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.

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.

Peter Habraken is a Notable Practitioner in Real Estate:
'Clients describe him as a "really good communicator" who is able to "build bridges" in complex negotiations.'

Chambers Europe (2017 Edition) 

Sjoerd Rutten

Partner

Phone: +31 (0)88 374 49 12
Cell: +31 (0)653 91 37 99
Email: s.rutten@habrakenrutten.com

Dispute Resolution
International Arbitration
Projects
PPP/PFI

Sjoerd Rutten is widely recognised as being one of the leading advisors in contentious matters related to construction. Having maintained a particular focus on construction, project development, public procurement and PPP throughout his career, he is the go-to advisor for contractors, architects, engineers, project developers, sponsors and authorities seeking advice and representation in litigation, arbitration as well as on dispute prevention. Clients also come to him for the drafting of construction related contracts, while he is also an expert on all industry standard terms and conditions. 

His experience includes big ticket litigation and arbitration, both as counsel and arbitrator, as well as of advising stakeholders in major projects on risk management and dispute avoidance/resolution during project construction. He has also served as a court-appointed expert and is frequently asked for a second opinion. In arbitration he acts before all the relevant institutes, including the RvA, NAI, CvG KIvI and AIBk. 

Sjoerd is a member of a number of professional associations within his area of expertise. He is further a member of the editing board of the Magazine for Construction Law and regularly contributes articles to other leading journals. He is also the author of several books on topics within his expertise.

Legal 500 (2018 Edition)
"Truly skilled and experienced" litigator Sjoerd Rutten is "a real fox" who "always has a plan up his sleeve".

Chambers Europe (2018 Edition)
'According to sources, he is "a joy to have around: very smart and experienced in terms of construction matters and a hard worker."'

Who’s Who - Construction (2018 Edition) 
Listed as Expert in the area of Construction.

Experience includes

Litigation
Litigating on behalf of clients in the full range of construction matters, including:

Litigation concerning claims for damages relating to what has become known as the "construction fraud" investigation into fraudulent activities in the Dutch building industry

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

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

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

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

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

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

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

Arbitration
Arbitrations regarding construction problems, delay and disruption, claims for additional works, damages, defects etc. involving rail and road infrastructure projects, energy installations, container terminals as well as office buildings and commercial and residential housing projects, including:

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

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

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

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

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

Sjoerd Rutten is a Notable Practitioner in Real Estate.
“He is the go-to person for contentious cases. He can judge when to litigate and when to seek other options. He has a bag full of tricks, doesn’t spare the opponents, and is able to surprise and ambush them. He is a good one to have in a fight.”

Chambers Europe (2015 Edition)

Henk Raven

Partner

Phone: +31 (0)88 374 49 15
Cell: +31 (0)614 96 90 49
Email: h.raven@habrakenrutten.com

Corporate & Commercial
Projects & Project Finance
Real Estate

Henk Raven is an experienced advisor in all aspects of contract law and corporate law surrounding infrastructure, construction and real estate. He has a particular focus on contracts, corporate (re)structuring, joint ventures (with a special accent on limited partnerships) as well as finance, securities and insolvency law.

A wealth of industry insight permits him to provide contracting strategies which fit his clients' commercial and financial requirements regardless of the complexity of the project or financing structure. Henk has been involved in the corporate structuring of several consortia and project companies, including pre bid agreements, consortium agreements and shareholder agreements. He has advised on a broad range of large (PPP) projects across the industry landscape from (greenfield and brownfield) infrastructure, hospitals, city redevelopments and offshore structures. 

Henk is a member of a number of industry unions and regularly provide clients with tailor made courses upon request. 

Legal 500 (2018 Edition) 
Henk Raven is recommended in both Construction and Project Finance, named by clients as "a great talent" "who is a pleasure to work with".

Experience includes

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.

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.

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

Advising the winning consortium on its bid for the IJmuiden Sea Lock PPP, 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. An extension and upgrade of the 100-year-old lock will ensure that the Amsterdam port area remains accessible for a new generation of vessels. The approximately €500 million Ijmuiden Sea Lock is the first major project in the Dutch locks PPP program to reach financial close. 

Advising on the financial and legal restructuring of the LSI portfolio, regarding an inner city redevelopment forming part of the Rotterdam Central District, surrounding the new Rotterdam Central Station.

Advising and litigating the unwinding of various commitments and positions of an educational institution (Hogeschool) against the Lips development conglomerate, that eventually went into bankruptcy, regarding the development and construction of a school building in the city of Utrecht.

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 the financing package, attracting much media attention. 

Advising and contracting regarding the unwinding of joint ventures involving Imtech, an insolvent major industrial contractor. 

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. 

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. 

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. 

Advising on the financial restructuring of the Rotterdam Calypso project, involving approximately 500 apartments, commercial space and underground parking.

Advising and litigating for a maritime construction services company on its arbitration with its employer, a large French state owned oil and gas company, concerning the construction of a gas pipe line in the North Sea.

Drafting a standard contract applicable to so-called mini PPP projects, amongst other including terms and conditions from the UAV-GC standard contract, factoring and financing agreements and cooperation/joint venture agreements between stake holders, including the government and the BNG Bank.

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.

Henk Raven is recommended in both Construction and Project Finance, named by clients as "a great talent" "who is a pleasure to work with".

Legal 500 (2018 Edition)  

Marleen van Dijkman

Partner

Phone: +31 (0)88 374 49 11
Cell: +31 (0)641 36 99 63
Email: m.vandijkman@habrakenrutten.com

Marleen van Dijkman has over 15 years of experience as attorney-at-law, with a strong track record in real estate related contract law and tenancy and lease law. Her clients include investors, pension funds, developers, corporations, retailers, hotels, as well as public sector bodies.

Marleen is an expert on contractual issues surrounding real estate transactions, where she is known as a smart negotiator and an accomplished advisor in disputes. In the field of tenancy and lease law, she acts for both lessees and lessors and represents them on contentious matters ranging from redevelopment and renovation to defects and evictions. Clients also seek her out for the drafting of complex leases.

Marleen regularly publishes in her area of expertise and is often called upon to lecture for professional organizations. She has passed the specialist education of the Association of Tenancy Law Lawyers and sits on the editorial board of the tenancy and lease law journal (Tijdschrift Huurrecht in Praktijk). Marleen is a member of the Association of Tenancy Law Lawyers.

Willemijn Ritsema van Eck

Partner

Phone: +31 (0)88 374 49 29
Cell: +31 (0) 653 29 41 85
Email: w.ritsemavaneck@habrakenrutten.com

Willemijn Ritsema van Eck has more than 15 years of experience in real estate and procurement law. She has built a solid reputation as a procurement lawyer with a special focus on projects and PPP. Willemijn is known for her expertise in designing and (re)negotiating all forms of cooperation agreements between stakeholders in area development projects and other PPP projects.

Combining a deep market insight with legal expertise, Willemijn is valued for her ability to explain complicated law processes in a very user-friendly way. Clients praise her for being practical and solution driven, using clear contract language whenever possible, achieving an ease of use by the parties without compromising on addressing the risks.

With specialist training in both project finance and procurement law, in combination with near two decades of experience in multi-party contracting strategies, Willemijn is a valuable advisor on the large PPP projects of today. She also has a strong track record in litigating and is a skilled legal mediator.

Experience includes

Advising on and designing the contract strategy for a pioneering project near Rotterdam: In 2010 the municipality of Schiedam agreed with the national government on building a 2,5 km tunnelled motorway on its territory. By using the roof as a destination for new sporting facilities, former sports locations became available for urban redevelopment. The unique form of cooperation – involving private and public stakeholders in close cooperation with citizen groups and sports clubs - combined with smart procurement strategies, assured financial feasibility of plans and a minimised public financial risk.

Advising the consortium Cadanz on the contracting around the new dance and music theatre (Onderwijs en Cultuurcomplex - OCC) in the city centre of The Hague. The OCC building will be the new home of the renowned modern dance theatre Nederlands Danstheater (NDT), as well as the Royal Conservatoire  (Royal Music School) and Residentie Orkest (The Hague Philharmonic).

Advising and litigating on procurement issues, as well as advising on subsequent contracting, surrounding the project FlorijnAs in the municipality of Assen. Apart from new roads, this large infrastructure project sees the reconstruction of waterways through the city of Assen, involving new locks, harbour facilities and six (heavy traffic) bridges.

Regularly advising the municipality of Zoetermeer on their procurement issues.

Anne Marie Ferwerda

Counsel

Phone: +31 (0)88 374 49 24
Cell: +31 (0)613 04 86 23
Email: a.ferwerda@habrakenrutten.com

Anne Marie Ferwerda specialises in the field of administrative law and has over a decade of experience in the interface between government and private stake-holders in high-value real estate projects. Anne Marie advises and litigates on behalf of her clients with regards to infrastructure projects, complex zoning plans and (applications for) all the necessary permits. She frequently advises and represents project initiators, real estate investors and companies, as well as the relevant authorities. 

Anne Marie is known among her clients for her relentless thoroughness, pragmatism and strategic approach. While ensuring that her clients maintain realistic expectations, she is appreciated for getting projects to the stage where they can be realised in as short a time as possible.

Anne Marie is a cum laude graduate from the University of Utrecht and has completed the Grotius specialist training in Administrative Law and Real Estate with honours. 

Legal 500 (2018 Edition) 
Anne Marie Ferwerda is ranked Tier 1 Next Generation Lawyer in Environment and Planning.

Experience includes

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.

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.

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.

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

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.

Advising a consortium on the national development plan concerning the high-water channel Veessen – Wapenveld (Rijksinpassingsplan Hoogwatergeul Veessen-Wapenveld).

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

Advising several municipalities and companies regarding the Open Government Act (Wet openbaarheid van bestuur) in relation to secrecy that can be invoked under the Municipal Law (Gemeentewet).

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

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.

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

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

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

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

Mark van Wouwe

Counsel

Phone: +31 (0)88 374 49 39
Cell: +31 (0)613 14 13 71
Email: m.vanwouwe@habrakenrutten.com

Mark van Wouwe specialises in the area of contract law surrounding real estate with over 15 years of experience as an attorney-at-law. He is an expert on lease agreements with a solid track record in advising and litigating on behalf of institutions and corporates in their roles as occupiers, tenants or landlords. 

Mark possesses a thorough understanding of the issues clients face in managing their commercial leases and the future operational requirements of their real estate. Whether it concerns relocations or strategic lease agreements surrounding project development of retail, office space or housing, Mark advises clients on best market practice as well as tailor made terms. If necessary, he represents his clients in court.

Mark has completed the Grotius specialist training in National and International Contracting and regularly provides lectures on the topic of commercial contracts.

Experience includes

Advising a listed British chain of home-furnishing stores (more than 115 stores in the UK) on the negotiation and signing of five lease agreements pertaining to new stores in major shopping malls throughout the Netherlands.

Advising a well-known American social media network regarding the lease agreement for its new office in a former storage warehouse in Amsterdam.

Advising a large US e-commerce company regarding their office lease agreement in a new office building with the highest sustainability rating, located in Amsterdam.

Advising a US airplane manufacturer on the lease of its European office headquarters in Amsterdam.

Advising one of the largest US tech companies regarding the lease of office space in “The Outlook”, a state-of-the-art smart-building in Amsterdam, as well as the lease of laboratory and office space in Delft.

Advising a large US fashion apparel retailer on the lease of a 1700 m2 store in Rotterdam.

Advising two international fashion retail chains on the lease agreements of a store in Designer Outlet Roermond, a fashion outlet centre with 5.5 million visitors per year.

Advising a large US fashion retail chain on the lease agreement pertaining to a pop-up store in the centre of Rotterdam.

Advising on (premature) termination of lease agreements, including drafting of notifications and, if necessary, formalising the subsequent conditions or settlement of the lease termination. Recent examples include advising a large US fashion retail chain regarding the premature termination of the lease agreement of its Amsterdam flagship store.

Advising tenants on the possibilities to transfer lease agreements by way of contract handover or subrogation.

Assisting on various real estate transactions, including assisting buyers or vendors on the due diligence related to the purchase or sale of (parts of) real estate portfolios.

Litigating, including in appeal, on behalf of a tenant – a seller of luxury motor yachts – following the notification of termination of the lease agreement by the landlord, where the matter revolved around the classification of the lease agreement (retail space or office space) and whether the tenant had the right to rent protection.

Advising stakeholders regarding their contractual and legal positions, drafting formal notifications of default and litigating on their behalf regarding lease termination and co-tenancy. Recent examples include multiple litigations on behalf of a housing association who owns and lets homes located in the larger area of Rotterdam.

Drafting, assessing and negotiating commercial contracts, such as purchase and sales agreements, general sales and purchase conditions, non-disclosure agreements, co-operation agreements and settlement agreements.

Gert Weerheim

Associate

Phone: +31 (0)88 374 49 19
Cell: +31 (0)611 59 70 28
Email: g.weerheim@habrakenrutten.com

Gert Weerheim is an experienced lawyer, specialized in public procurement, construction and real estate. He advises and litigates in a broad range of construction and real estate disputes and especially represents clients in procurement disputes, i.a. in summary proceedings. He has specific expertise in foundation technique related issues.
Gert has completed the Grotius specialist training in procurement law with honours.

Laurens Koolhof

Associate

Phone: +31 (0)88 374 49 18
Cell: +31 (0)652 43 63 86
Email: l.koolhof@habrakenrutten.com

Laurens Koolhof is an experienced adviser in the area where construction and development meets corporate law. He is familiar with complex forms of PPP contracts and has been involved in many DBFM(O) projects in the Netherlands. He has considerable experience with drafting and amending project documents for large (PPP) infrastructure and real estate projects. Laurens also advises clients on project documentation of energy projects, including land based and rooftop solar projects.