Construction

We have a reputation as the leading firm in Denmark within construction. We assist our clients with strategies for the procurement of projects, development and execution of projects and the resolution of substantial disputes.

Our team of highly respected specialist lawyers offer a full range of legal services and provide commercially minded solutions to help your construction project complete on time and on budget.

Our lawyers advise governments, owners, operators, lenders, project sponsors, contractors, consultants and insurers. Our clients are able to draw upon our many years of experience to support their businesses, whatever their role may be. They instruct us in relation to projects that set benchmarks in terms of scale, complexity and risk allocation.

Experience

We have represented clients on numerous projects not only in Denmark but also world-wide, including within the following sectors:

  • Transport
  • Infrastructure
  • Oil and gas (upstream, midstream and downstream)
  • Power
  • Renewables
  • Process engineering
  • Mining
  • Commercial property
  • Housing
  • Healthcare and education
  • Insurance

We have extensive experience of all the major international and regional standard forms of contract, including AB18, ABT18 og ABR 18 (og prior versions), FIDIC, Norwegian Fabrication Standards, NEC, JCT, Logic, Orgalime etc., and with respect to every method of procurement, including:

  • PPP
  • Target Price contracts
  • Guaranteed Maximum Price contracts
  • Turnkey, EPC and EPCM contracts
  • Design & Construct forms of contract
  • Construction Management
  • Management Contracting
  • Partnering and collaborative working contracts (IPD's)
  • Joint Ventures

We advise on front-end contract strategy and contract documentation, risk management and dispute resolution. Our understanding of the industry means that our advice is commercial, and clients instruct us to represent them when disputes arise because of our track-record and reputation as one of the leading law firms practicing in this area with experience of large and complex projects.

Our services

Our front-end project services include procurement and contracting strategy; project risk analysis and allocation, analysis and reporting on construction documentation for funders, investors, tenants and other interested third parties and negotiation and drafting of inter alia construction, engineering, O&M and other ancillary documentation

Our risk management and dispute resolution services include project advice, analysis and claims mitigation, dispute avoidance techniques, dispute adjudication and dispute review boards (DAB and DRB), mediation, expert determination and litigation/arbitration (domestic and international).

We also advise insurers on policy coverage and defend claims against insured entities arising out of insurance policies for construction and engineering projects, including professional indemnity, contractor's all risks, public liability and project-specific or owner-controlled policies (OCIP). We advise those involved in the construction and design process about the structure of the insurance arrangements which are required.

Highlights

  • The Tyra Project in the North Sea - reconstruction of Denmarks most significant gas platform
  • Kalaallit Airports A/S - construction of 3 international airport in Greenland
  • Baltic Pipe Project - development of the Baltic Pipe Project from Poland to Denmark
  • Data center - development of the largest data center i Denmark
  • Femern A/S - Fehmarnbelt fixed link – development of, call for tenders for and completion of a road/train link between Denmark and Germany
  • DONG Energy A/S - Heron Field in the North Sea – development and completion of an oil/gas extraction project
  • Atkins Danmark A/S - Odder Railway – award in favour of the client in arbitration proceedings involving the design, planning and execution of the renovation of the railway line and costs awarded (reported in KFE 2015.003)
  • Tryg Forsikring A/S - DR Headquarters (Danish Broadcasting Corporation) – conducted arbitration proceedings regarding the direct liability to the employer of the sub-consultant who had performed static inspection on an engineering project (the bubbledeck case) (reported in KFE 2014.172)
  • NIRAS A/S - Sønderbo Town Centre –  award in favour of the client in arbitration proceedings involving the determination of the consultancy fee
  • NIRAS A/S - Cab-Inn Hotel – award in favour of the client in arbitration proceedings involving the consultancy fee
  • G.V.L. Entreprise A/S - Osted homes for elderly people – award in favour of the client in arbitration proceedings involving claims in relation to additional works and delay and costs awarded
  • G.V.L. Entreprise A/S - PPP Court in Roskilde – advisory services and contracts on construction of a new court building as a PPP project
  • MOE A/S and Codan Forsikring A/S - Metropolis in Copenhagen - contributed to a settlement after a comprehensive expert appraisal relating to, among other issues, over-dimensioning in residential construction project at Sluseholmen
  • COMET I/S - Copenhagen Metro, phases 1 and 2 – award in favour of the client in arbitration proceedings involving a two-year extension of the time limit and compensation for delay and disruption
  • Tryg Forsikring A/S and Moe A/S - The Royal Library – award in favour of the clients in arbitration proceedings involving the indoor climate and temperature conditions, already as a result of time-barring (reported in KFE 2013.371)
  • Per Aarsleff A/S - construction of a road in Nicaragua – achievement of settlement after a comprehensive expert appraisal relating to, among other aspects, the requirements for asphalt design
  • Pihl & Søn A.S. - new-build construction of the apartment blocks Askholm, Egholm, Nordlyset etc in Copenhagen - award in arbitration proceedings allowing the client’s claim for additional works
  • NIRAS A/S - Hotel Hilton – award in favour of the client in arbitration proceedings involving consultants’ professional liability
  • Tryg Forsikring A/S and Dines Jørgensen A/S - geotechnical investigations – award in arbitration proceedings involving consultants’ professional liability
  • Tryg Forsikring A/S and EKJ Rådgivende Ingeniører A/S - Copenhagen Airport – released from consultants’ professional liability for floors in negotiations during arbitration proceedings
  • Pihl-Hoffmann J/V - orbital motorway – through arbitration proceedings and negotiations, additional payment was obtained for project errors, additional works and disruption
  • Pihl & Søn A.S. - renovation of flats in Borupgaard – award in arbitration proceedings allowing the client’s claims in relation to additional works and delay
  • Tryg Forsikring A/S (and consultants) - Odense Zoo’s Polarium – award in favour of the client in arbitration proceedings involving, for instance, indoor climate problems (reported in KFE 2011.17)
  • Per Aarsleff A/S road project in Ghana – negotiated and achieved a settlement while the case was pending before the Danish Arbitration Board for Building and Construction
  • Pihl & Søn A.S. - airports in Mozambique – award in favour of the client in arbitration proceedings before the ICC regarding the contractor’s legitimate termination of a contract with the principal sub-contractor, mainly based on expert testimony in the fields of critical path analysis and asphalt design
  • Pihl & Søn A.S. - assistance to a Danish consortium of contractors with the construction of a dam in Panama
  • Nielsen & Jørgensen A/S indoor go-kart track - the Danish Supreme Court gave judgment in favour of the client in a case involving liability for damages in connection with planning and design (reported in the Danish Weekly Law Reports 2010.213)
  • Pihl & Søn A.S. - old-age care centres in Kolding and Vejle etc – award in arbitration proceedings allowing the client’s claims in relation to additional works and delay resulting from more stringent layout and design requirements imposed by the authorities
  • NIRAS A/S Ørestad - award in favour of the client in arbitration proceedings involving consultants’ professional liability for developing a property in the Ørestad area
  • DAI Gruppen A/S - residential construction – award in favour of the client in arbitration proceedings involving consultants’ liability for the erection of social housing
  • Pihl & Søn A.S. - the conduct of major arbitration proceedings regarding the construction of the University of Greenland in Nuuk
  • NIRAS A/S - floor design – award in favour of the client in arbitration proceedings instituted by the employer claiming in excess of DKK 100 million in respect of floor design, as a result of lack of causal link (reported in KFE 2010.1)
  • Topdanmark Forsikring A/S (and consultants) - Spøttrup Castle - conducted arbitration proceedings in connection with a leak i in the newly constructed, listed, medieval tile roof (reported in KFE 2009.269)
  • Pihl & Søn A.S. - harbour works in Poland – award in arbitration proceedings allowing the client’s claim against a Polish government-owned company relating to additional works and subsequent enforcement and lawsuit in Poland relating to the recognition of the arbitration award, which was ultimately satisfied by the Polish authorities
  • Pihl & Søn A.S. - construction of main roads on Jamaica – assistance with and achievement of a settlement regarding the requirements of the principal sub-contractor and in relation to the employer. Construction works were financed by the World Bank and were subject to local legislation and jurisdiction
  • G.V.L. Entreprise A/S - renovation in housing association, Frederiksberg – obtained payment for additional works through mediation at Mediationsinstituttet
  • COMET I/S - Copenhagen Metro, phases 1 and 2 – award in favour of the client in arbitration proceedings involving dismissal in all essentials of the M&E sub-contractor’s additional claims
  • Pihl & Søn A.S. - Construction of blocks of flats in Østerbro in Copenhagen – award in arbitration proceedings allowing the client’s claim for delay as a result of incorrect planning and design and more stringent regulatory requirements (reported in KFE 2009.245)
  • Kaefer Isoleringsteknik A/S - Nordjylland Power Station – award in favour of the client in arbitration proceedings involving an additional claim and damage resulting from hydraulic shocks in power station
  • Tryg Forsikring A/S and CF Møller A/S - National Gallery of Denmark – award in favour of the client in arbitration proceedings involving measurement of compensation for forgotten services (reported in KFE 2008.347)
  • Dominia A/S - residential construction – award in favour of the client in arbitration proceedings, dismissal of consultant regarding the use of Hygrodiode in a large building complex as no design errors or defective inspection had been established (reported in KFE 2009.19)
  • NCC International Danmark A/S - road construction project in Zambia - award in favour of the client in arbitration proceedings against a sub-contractor involving an additional claim in a split joint venture
  • Wessberg A/S - Ballerup Super Arena - award in favour of the client in arbitration proceedings, dismissal of consultant following the collapse of Ballerup Super Arena as the design responsibility rested with the contractor and as the consultant was not guilty of negligence regarding a check of calculations forwarded (reported in KFE 2008.111)
  • Kant Arkitekter A/S - planning and design errors - award in favour of the client in arbitration proceedings already as a result of a late complaint and time-barring regarding a claim for damages for alleged planning and design errors and inadequate supervision (reported in KFE 2007.299)
  • Tryg Forsikring A/S - paintwork - award in favour of the client in arbitration proceedings concerning a claim made against a consultant, among others, for inadequate paintwork because the inadequacies identified could not be characterised as defects (reported in KFE 2007.261)
  • Pihl & Søn A.S. Grantley Adams Airport Barbardos - through arbitration proceedings and negotiations, payment was obtained for additional requirements resulting from alteration works to the airport
  • Pihl & Søn A.S. - renovation of Farum Midtpunkt - through regular negotiations, additional payments were obtained for delay and tent coverings etc in connection with the renovation of an occupied block of flats
  • Pihl & Søn A.S. - Copenhagen Opera House - ongoing assistance to the managing contractor to ensure punctual handing-over without pending disputes
  • Dall & Lindhartsen A/S - Tryg headquarters in Ballerup - award in favour of the client in arbitration proceedings as a result of a late complaint in connection with defects in a new office building in Ballerup (reported in KFE 2007.23)
  • Danish Geotechnical Institute (GEO) - orbital road - before the Danish Supreme Court, judgment in favour of and dismissal of consulting engineer due to time-barring in a lawsuit filed by a local authority as a result of subsidence damage incurred in the construction of an orbital road (reported in the Danish Weekly Law Reports 2005.1234)
  • SHL and Tryg Forsikring A/S - The Black Diamond Building - award in favour of the client in arbitration proceedings relating to Blue Oyster sandstone in two cases regarding the facade of The Fish and the sandstone floors, respectively
  • Danish Technological Institute - Hotel Hilton - the court found in favour of the client in a case involving liability for inspection
  • A/S Øresundsforbindelsen - Kastrup Station - award in favour of the client by the tribunal in arbitration proceedings involving incorrect planning and design of station foundations (reported in KFE 2004.325)
  • Rambøll A/S - CHP plant - award in arbitration proceedings allowing the client’s claim in relation to planning and design errors in cooling system in connection with the establishment of a combined heat and power plant, on the grounds that the defects identified fell within the employer’s liability (reported in KFE 2005.34)
  • Tryg Forsikring A/S - residential construction in Skydebanegade in Copenhagen - award in favour of the client in arbitration proceedings instituted against a consultant in regard to damage after the renovation of a large housing complex as no planning and design errors had been identified and as the defects were found to result from the execution of the works (reported in KFE 2005.18)
  • Carl Bro A/S - runway in Greenland - award in favour of the client in arbitration proceedings as it was not possible to ascertain design errors or other matters for which the consultant was responsible on the occasion of the contractor’s claim for additional works on a runway in Greenland (reported in KFE 2005.9)
  • Pihl & Søn A.S. - The Glyptotek - assistance to contractor in connection with alteration project revisions
  • Tryg Forsikring A/S - CHP plant - award in favour of the client in arbitration proceedings and dismissal of consultant as no errors committed by the consultant had been established for an engine breakdown at a CHP plant (reported in KFE 2003.51)
  • Vendsyssel Fisk A/S - establishment of fishing industry – award in favour of the client in arbitration proceedings, dismissal of the turnkey contractor’s claim for time and additional payment for compliance with various regulatory requirements in the food industry (reported in TBB 2002.227)
  • CSK Stål A/S - Dansk Sojakagefabrik’s seed silos in Copenhagen – participated in arbitration proceedings involving the supporting steel structures (reported in KFE 2013.353)

Ratings

  • Within Real estate and construction, Plesner is a first tier firm.

    "Plesner is noted for its work on high-profile transactions, projects and disputes." (2019)

  • Exceptional practice handling all areas of real estate and construction law, with an emphasis on project development. Assists a plethora of clients, including contractors, property owners, pension funds, international investors and developers with an exhaustive range of legal issues, such as lease agreements, acquisitions and sales, dispute resolution and contract negotiation. Particularly well regarded for infrastructure construction projects.

    "High degree of expertise and experience, in addition to great over-all business insight and understanding" (2019)

     
  • Within Real estate and construction, Plesner is a first tier firm.

    Plesner is "one of the best" (2018)
  • "A great overall team, with great flexibility." (2018)
  • Within Real estate and construction, Plesner is a first tier firm

    "Among the best in Denmark" - the "fantastic" construction team is led by Frants Dalgaard-Knudsen. (2017)
  • Highly accomplished team handling all areas of real estate and construction law, with a focus on project development. Assists clients with dispute resolution, as well as on a wide range of real estate asset transactions. Acts for an enviable range of clients including contractors, architects, property owners, pension funds, international investors and developers.

    "Good counsellors who can cover everything. They are responsive, efficient, transparent and very commercial." 
    (2017)
  • Within Real estate and construction, Plesner is a first tier firm.

    Frants Dalgaard-Knudsen is the key contact in the "very service-minded" construction group. (2016)
  • Plesner’s infrastructure and energy practices are among the best in Denmark, with both widely viewed as excellent across board. The firm has a particularly strong track record in project development and an outstanding reputation for EPC work. (2015)
  • Widely recognised for its impressive construction practice, representing contractors, engineers and architects. 

    "The lawyers are great at combining commercial and legal points and are very responsive". (2014)

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