Infrastructure & Construction

+ 7 other experts

We've been building expertise in large-scale landmark projects, for decades

Our position in contentious and non-contentious construction matters is unrivalled in the Netherlands. We help our clients with shaping contract strategies for our clients’ most important large scale construction projects, have wide experience with project financing including PPP-financing, provide in-depth procurement and public law advise, and have an unrivalled track record in litigating and arbitrating complex construction disputes.

Our construction group focusses on both large-scale projects with a high grade of complexity, and on construction projects with an international character. One of our key success factors is our focus on technical and commercial issues, making it possible for our lawyers to truly team-up with clients’ technical and commercial experts. Over the years, we have been involved in many landmark projects in a wide variety of sectors and jurisdictions. These projects include the construction of breakwaters and harbour facilities, terminals, including offshore jetties for the oil and gas industry, oil and gas rigs and pipelines, special purpose vessels, and largescale (renewable) energy projects.

Our specialists are adept in covering all aspects of construction projects, both contentious and non-contentious, including advising on tender and contracting strategies; applying international standards, such as FIDIC, Logic and Ichem in both common law and civil law jurisdictions; project financing; zoning and permits; and dispute resolution, including DAB, mediation and arbitration under the leading arbitration rules.

De Brauw has leading edge competence in construction law and knows how to interweave this effectively in the client’s process, in such a way that there is added value for the projects involved.

Chambers Europe, 2021

Insights

13 February 2025

Nitrogen crisis: permit required in more cases, but Netherlands stays open for business

The Netherlands urgently needs to do more to prevent the deterioration – whether existing or threatened – of Natura 2000 areas due to nitrogen deposition. This was recently confirmed by the District Court of The Hague in a lawsuit filed by Greenpeace against the Dutch state (in Dutch). Under the Habitats Directive, the Netherlands must: (i) establish conservation measures for these nature areas (Article 6(1)), and (ii) take appropriate steps to prevent natural habitats and the habitats of species from deteriorating (Article 6(2)).
16 August 2023

Dutch Council of State green-lights Porthos project

The highest administrative court in the Netherlands today gave the green light for the first Dutch Carbon Capture and Storage (CCS) project in the Port of Rotterdam, jointly carried out by Gasunie, EBN and the Port of Rotterdam. The Porthos project is one of the government's key energy transition projects and vital in achieving Dutch climate objectives. The project has been recognised as a Project of Common Interest by the European Commission.
3 November 2022

Landmark ruling: construction exemption annulled. How to exit the nitrogen crisis?

All large-scale construction projects that take place in relation to infrastructure, housing and energy transition with limited nitrogen depositions are affected by this landmark judgment. Earlier judgments had already demonstrated that for such projects, an ecological assessment is decisive. This is all the more relevant after the annulment of the special exemption for emissions caused by temporary construction activities (partiële bouwvrijstelling). Construction projects could get back on track if, based on an ecological assessment, significant negative effects on Natura 2000 areas can be excluded.