Construction Law Practice | White & Case
Construction Law

Construction

The global construction and engineering market is undergoing a period of intense activity. Projects in the Western World that stalled during the global recession have reignited, the Middle East continues its inexorable drive forward, fueled by vast natural resources, and emerging markets are seeing unprecedented levels of development. However, lenders and governments remain cautious about the long-term global picture.

We advise clients across the globe on all their construction-related legal needs, from the drafting of tender and project documentation to the resolution of disputes arising out of projects. With a client base that spans governments and states, energy and utility companies, lenders, developers and contractors, we offer clients insight into the shifting commercial and legal landscape.

Our lawyers have advised on developments in more than 90 countries, across six continents, including many of the world's largest projects. Our experience covers all major sectors including transport infrastructure (airports, ports, roads, rail and water), oil and gas, petrochemicals, process plant, power, mining and metals and commercial property.

We offer a single point of contact for project development, contract administration and dispute resolution advice. Many of our lawyers advise on both project development and dispute resolution, giving them a unique understanding of the full life cycle of a construction project.

We prepare and negotiate commercially appropriate, special conditions for all major forms of construction contracts, as well as bespoke contracts and ancillary documents, including financial support arrangements, concession contracts, joint venture agreements, technology supply and license agreements, and operation and maintenance contracts. Our experience of FIDIC, the most widely used form of contract internationally, is unsurpassed; in 2009, we authored one of the leading industry texts of the use of the FIDIC contract forms.

In dispute resolution, we represent clients in international arbitrations around the world, under many different laws, as well as in litigation before courts at all levels. We also advise clients on dispute board proceedings and other forms of intermediate and alternative dispute resolution, as well as on contract administration and the management of claims arising during the course of a project.

 

AWARDS

"A truly global practice acting on large and high-value projects and disputes with an intensely strong international focus."
Chambers UK 2014, Construction

"High capability to represent clients both within and without the Asia- Pacific region and noted strengths in the construction, energy and infrastructure sectors."
Chambers Global 2014, International Arbitration

"This first-rate team has an exceptional track record for handling high-profile arbitrations and litigation. Its group of multilingual lawyers is one of the most international on the market, boasting experience in landmark disputes around the world. Construction arbitration is one of its key areas of focus."
Chambers Europe 2013, International Arbitration–France

"White & Case LLP’s 'remarkable' group is 'fantastic' for international construction projects."
The Legal 500 – United Kingdom 2012 (Real Estate: Construction)

"At the top of the international arbitration table [and] especially admired for its strength in the construction sector."
Chambers Global 2013, International Arbitration

Project Development

€9 billion Nord Stream Baltic pipeline
Representing the project company on the construction aspects of the development and project financing of the €9 billion Nord Stream Baltic pipeline, which runs from Russia to Germany through the Baltic Sea and the exclusive economic zones of Russia, Finland, Sweden, Denmark and Germany. This deal was selected as "2009 European Gas Deal of the Year" by Project Finance International, as one of the "Best Deals of 2009" by Global Trade Review, as "2010 European Midstream Oil & Gas Deal of the Year" by Project Finance, and "2010 Oil & Gas Deal of the Year" by Infrastructure Journal.

Landmark railway project in Qatar
Drafting the suite of subcontracts for the Qatar Integrated Railway Project, a landmark infrastructure project consisting of a metro system, long-distance passenger network and freight transport network. The subcontracts relate to various aspects of the project, including mechanical, engineering and plumbing works, supply and installation works, and maintenance services.

First PPP project in the healthcare sector in Sweden
Representing Skanska in connection with contract negotiations for the construction of the New Karolinska University Hospital in Stockholm. The project is the first PPP project in the healthcare sector in Sweden.

Largest petrochemical complex in Mexico
Acting for a joint venture on the construction of the largest petrochemical complex in Mexico (consisting of an ethylene cracker and three polyethylene plants) to supply ethane to the Mexican state-owned oil and gas company. This was named "Deal of the Year" at the Project Finance International Awards 2012.

Integrated health campus in Turkey
Advising the International Finance Corporation, the European Bank for Reconstruction and Development (EBRD) and a group of commercial banks on the project documentation in connection with the financing and construction of the Adana Integrated Health Campus project in Turkey built under the public-private partnership (PPP) model. The consortium was composed of Meridiam Infrastructure, Rönesans and Sila Health Services.

Combined-cycle gas turbine power station in Poland
Advising the lenders on the contracts for the construction and operation of a 400 MW combined cycle gas turbine power station in Poland.

Dispute resolution

Victory in complex oil refinery and pipelines dispute
In one of the longest running and most technically complex cases to be referred to the International Chamber of Commerce (ICC), we obtained a major victory for our client, an Asian contractor, in a US$1.4 billion Spanish-language arbitration relating to the construction of an oil refinery and pipelines in Latin America.

Multi-billion dollar nuclear dispute
In one of the world's largest and most complex infrastructure disputes, we represent the purchaser of a nuclear power plant in a multi-billion dollar arbitration relating to the design and construction of a nuclear power plant.

High-profile motorway dispute in Greece
Representing Aegean Motorway SA (a consortium led by Hochtief and comprising Vinci and four of Greece's main contractors) in an arbitration arising out of the construction and operation of Greece's busiest motorway, connecting Patras and Thessaloniki, via Athens.

Hotel and resort in the United Arab Emirates (UAE)
Representing an owner in relation to a multi-million dollar dispute with a main contractor concerning the defective construction of a hotel and resort in the UAE.

Construction
About

The global construction and engineering market is undergoing a period of intense activity. Projects in the Western World that stalled during the global recession have reignited, the Middle East continues its inexorable drive forward, fueled by vast natural resources, and emerging markets are seeing unprecedented levels of development. However, lenders and governments remain cautious about the long-term global picture.

We advise clients across the globe on all their construction-related legal needs, from the drafting of tender and project documentation to the resolution of disputes arising out of projects. With a client base that spans governments and states, energy and utility companies, lenders, developers and contractors, we offer clients insight into the shifting commercial and legal landscape.

Our lawyers have advised on developments in more than 90 countries, across six continents, including many of the world's largest projects. Our experience covers all major sectors including transport infrastructure (airports, ports, roads, rail and water), oil and gas, petrochemicals, process plant, power, mining and metals and commercial property.

We offer a single point of contact for project development, contract administration and dispute resolution advice. Many of our lawyers advise on both project development and dispute resolution, giving them a unique understanding of the full life cycle of a construction project.

We prepare and negotiate commercially appropriate, special conditions for all major forms of construction contracts, as well as bespoke contracts and ancillary documents, including financial support arrangements, concession contracts, joint venture agreements, technology supply and license agreements, and operation and maintenance contracts. Our experience of FIDIC, the most widely used form of contract internationally, is unsurpassed; in 2009, we authored one of the leading industry texts of the use of the FIDIC contract forms.

In dispute resolution, we represent clients in international arbitrations around the world, under many different laws, as well as in litigation before courts at all levels. We also advise clients on dispute board proceedings and other forms of intermediate and alternative dispute resolution, as well as on contract administration and the management of claims arising during the course of a project.

 

AWARDS

"A truly global practice acting on large and high-value projects and disputes with an intensely strong international focus."
Chambers UK 2014, Construction

"High capability to represent clients both within and without the Asia- Pacific region and noted strengths in the construction, energy and infrastructure sectors."
Chambers Global 2014, International Arbitration

"This first-rate team has an exceptional track record for handling high-profile arbitrations and litigation. Its group of multilingual lawyers is one of the most international on the market, boasting experience in landmark disputes around the world. Construction arbitration is one of its key areas of focus."
Chambers Europe 2013, International Arbitration–France

"White & Case LLP’s 'remarkable' group is 'fantastic' for international construction projects."
The Legal 500 – United Kingdom 2012 (Real Estate: Construction)

"At the top of the international arbitration table [and] especially admired for its strength in the construction sector."
Chambers Global 2013, International Arbitration

Experience

Project Development

€9 billion Nord Stream Baltic pipeline
Representing the project company on the construction aspects of the development and project financing of the €9 billion Nord Stream Baltic pipeline, which runs from Russia to Germany through the Baltic Sea and the exclusive economic zones of Russia, Finland, Sweden, Denmark and Germany. This deal was selected as "2009 European Gas Deal of the Year" by Project Finance International, as one of the "Best Deals of 2009" by Global Trade Review, as "2010 European Midstream Oil & Gas Deal of the Year" by Project Finance, and "2010 Oil & Gas Deal of the Year" by Infrastructure Journal.

Landmark railway project in Qatar
Drafting the suite of subcontracts for the Qatar Integrated Railway Project, a landmark infrastructure project consisting of a metro system, long-distance passenger network and freight transport network. The subcontracts relate to various aspects of the project, including mechanical, engineering and plumbing works, supply and installation works, and maintenance services.

First PPP project in the healthcare sector in Sweden
Representing Skanska in connection with contract negotiations for the construction of the New Karolinska University Hospital in Stockholm. The project is the first PPP project in the healthcare sector in Sweden.

Largest petrochemical complex in Mexico
Acting for a joint venture on the construction of the largest petrochemical complex in Mexico (consisting of an ethylene cracker and three polyethylene plants) to supply ethane to the Mexican state-owned oil and gas company. This was named "Deal of the Year" at the Project Finance International Awards 2012.

Integrated health campus in Turkey
Advising the International Finance Corporation, the European Bank for Reconstruction and Development (EBRD) and a group of commercial banks on the project documentation in connection with the financing and construction of the Adana Integrated Health Campus project in Turkey built under the public-private partnership (PPP) model. The consortium was composed of Meridiam Infrastructure, Rönesans and Sila Health Services.

Combined-cycle gas turbine power station in Poland
Advising the lenders on the contracts for the construction and operation of a 400 MW combined cycle gas turbine power station in Poland.

Dispute resolution

Victory in complex oil refinery and pipelines dispute
In one of the longest running and most technically complex cases to be referred to the International Chamber of Commerce (ICC), we obtained a major victory for our client, an Asian contractor, in a US$1.4 billion Spanish-language arbitration relating to the construction of an oil refinery and pipelines in Latin America.

Multi-billion dollar nuclear dispute
In one of the world's largest and most complex infrastructure disputes, we represent the purchaser of a nuclear power plant in a multi-billion dollar arbitration relating to the design and construction of a nuclear power plant.

High-profile motorway dispute in Greece
Representing Aegean Motorway SA (a consortium led by Hochtief and comprising Vinci and four of Greece's main contractors) in an arbitration arising out of the construction and operation of Greece's busiest motorway, connecting Patras and Thessaloniki, via Athens.

Hotel and resort in the United Arab Emirates (UAE)
Representing an owner in relation to a multi-million dollar dispute with a main contractor concerning the defective construction of a hotel and resort in the UAE.