The procurement process and method of contracting involve questions such as: In what way does a client want to engage the market and shape cooperation with the market? Which contract forms and instruments does a client want to use to shape procurement? What freedom does procurement law offer for a particular procurement strategy?
Beside being engaged to provide support in drawing up tender documents, our advice is also sought by contractors on tendering issues. We are also engaged by clients where a conflict has arisen regarding the performance of agreements that have been entered into.
Knowledge of contract types
Naturally, our lawyers have extensive knowledge of the commonly used contract forms such as the UAV, UAV-GC, DBFMO, Performance and FIDIC contracts. However, through their experience in the Infra and GWW sector, they have also acquired the necessary knowledge of (technical) concepts and techniques commonly used in the sector. This knowledge and this 'feeling for technology' means that they not only speak the legal language, but also the language of clients and contractors. This allows them to advise more efficiently and effectively.
Their expertise comes to the fore not just in drawing up contract documents, but also in contract management during project execution. Our lawyers also advise clients on the obligation to warn, design and implementation responsibility, prescribed building materials, design and execution defects, delays and disruption, delivery and completion and subsequent liability, maintenance and warranties, suspension and termination of work, coordination, contract variations, alterations, acceptance, discounts, unforeseen circumstances and circumstances giving rise to increased costs.
Strong litigation experience
It goes without saying that our team of lawyers has substantial experience litigating before the civil courts, including in preliminary relief proceedings, as well as before the arbitration bodies that are often competent to settle disputes in the infrastructure and civil engineering sector.
We advise and litigate on a range of matters, including:
- Guidance and outcome of tender and procurement procedures;
- Various contract forms such as the UAV, UAV-GC, DBFMO, Performance and FIDIC contracts;
- Obligation to warn;
- Design and implementation responsibility;
- Prescribed building materials;
- Design and execution defects;
- Delays and disruption;
- Delivery and completion, and subsequent liability;
- Maintenance and warranties;
- Suspension and termination of work;
- Contract variations; and
- Alterations, acceptance, discounts, unforeseen circumstances and circumstances giving rise to increased costs.