Construction & Engineering

We combine extensive experience as counsel and arbitrator in construction and engineering disputes, ranging from major private construction projects to significant public utility and infrastructural projects (including airports, seaports, container terminals, LNG terminals and transshipment terminals), digital and e-infrastructure, oil refineries, railways, roads, bridges, tunnels, toll-access infrastructure, sewerage and water treatment facilities. 

We are well-versed in all issues arising from construction contracts, law and practices and master the legal and technical complexities that typically are involved in these disputes, such as:

  • Claims for extensions of time;
  • Variations;
  • Delay and disrupted works claims;
  • Claims for non-conforming work;
  • Subcontractor claims;
  • Claims for design flaws; and
  • Claims arising out of public private partnership (PPP) schemes.

We handle claims under different forms of contracts, including bespoke and FIDIC contracts, and represent clients in DAB, dispute board, adjudication, mediation and expert determination proceedings, as well as in arbitration proceedings.

The team is reputed for its thorough analysis, its ability to break down and present technically complex issues in a logical and comprehensible manner, its attention to detail, its drive to dive deep into all technical and legal issues that are necessary for a holistic understanding and a successful resolution of the dispute. We also provide preventive support, including through the provision of pro-active claim management and claim preventive strategies.

Representative Experience

  • ICC arbitration between an Asian contractor and a European sustainable energy group about the construction of a power transmission line in Brazil
  • UNCITRAL arbitration between an international organisation and a Mediterranean contractor about an airport construction project in Africa
  • ICC arbitration between a Central European State and a CIS contractor about a highway construction project
  • NAI arbitration between a Dutch owner and a Scandinavian contractor arising out of an engineering, procurement, and construction management contract (EPCM)
  • ICC arbitration between a European contractor and an American software giant concerning a dispute arising out of a malfunction of the control system of a co-generation power plant°
  • SCAI arbitration between two Italian companies and a German company concerning the construction of two wood processing plants in Luxembourg and the USA for one of the world’s largest wood-based panel manufacturer°
  • NAI arbitration between an international company in the industrial gas sector and a Dutch engineering company pertaining to the construction of a nitrogen plant
  • NAI Arbitration between two Dutch companies about the construction of a geothermal installation

° These cases were handled as mandates of a previous firm, prior to founding Vanguard International Dispute Resolution