Construction law is a functional field of law. This means that it can be approached from multiple aspects of the law: private, public and European law. “Classical” construction law comprises a system of private law agreements and general conditions, such as those which have developed historically in the building industry. For example, a distinction is drawn between contracts governed by the UAV [Uniform Administrative Conditions for the Execution of Works], the UAV-GC [Uniform Administrative Conditions for Integrated Contracts], the SR [Criminal Code], the RVOI [Regulations Governing the Relationship between Clients and Consulting Engineers] and the DNR [The New Rules].
“Wet” and “dry” practice
Clairfort is in its element in construction law. We have expertise in both “wet” and “dry” practice, in civil and hydraulic engineering and civil or utility construction, and we work for clients, contractors, developers, architects and engineers. We can provide advice on all types of joint ventures and related agreements.
Naturally, disputes need to be avoided as far as possible. Where litigation or arbitration is unavoidable, we also assist our clients if required, whether proceedings ensue before one of the various arbitration tribunals or a court of law, or if a decision is taken in favour of an alternative form of dispute resolution, such as binding advice or mediation.
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Bouw & Vastgoed: Sectoren
Because of an increase in activity, traffic over land and water will increase further, which will make growing demands on our infrastructure. What is typical of projects designed to optimise that infrastructure is complexity, not only from a technical perspective but also because of the extensive impact on its surroundings. It is for this reason that such types of projects need to be increasingly approached as an area development challenge rather than merely the construction of an infrastructure network.
Increasingly more complex
The applicable legislation and regulations are becoming increasingly more complex and to a large extent determine the actions of initiators. With Clairfort’s expertise and experience, our sensible work mentality and solution-oriented approach, we can make a valuable contribution to the execution of infrastructure projects.
Legal aspects always play a major role in the development and execution of property projects, such as residential construction projects, office blocks, commercial premises and shopping centres, whether or not they involve new developments, renovations, redevelopment or urban renewal. The legislation and regulations governing project development are in a state of flux and are constantly growing more complex. For this reason Clairfort prefers to adopt a multidisciplinary approach to project development. Because of this we are in a position to guide our clients – project developers, contractors, investors, public authorities (municipal and otherwise) and housing corporations – through a project properly and efficiently.
From advice to litigation
We can provide support for the purposes of negotiations, identifying risks, opting for the most efficient form of collaboration and drafting contracts. In addition, we possess a thorough knowledge of spatial administrative and environmental law, indispensable where project development is involved. We provide advice and, where necessary, conduct litigation in relation to zoning plan procedures, licenses and permits, and the legislation or regulations governing flora, fauna and environment.
Procurement law is also very important in relation to project development, especially in the case of public authorities. In practice, the regulations governing tenders raise numerous questions and are leading to judicial proceedings with growing frequency.
The utility market is highly diverse, at any rate where the properties that are to be developed and the legal frameworks are concerned. Residential dwellings, offices, schools and other public purpose property, every type of property has its own dynamics and substantive legal framework.
Clairfort is an experienced player in the field of utility construction. Our expertise ranges from the traditional legal profession to a more pragmatically structured provision of project-based legal services. This we do from a procurement perspective which is as involved as one geared towards environmental law and/or building contracts.
It is impossible to imagine the absence of hydraulic engineering in a country such as the Netherlands. Both the maritime sector and hydraulic engineering works constitute part of this exciting field.
As part of its legal contracting and construction profile, Clairfort has experience in the preparation for and execution of hydraulic engineering projects. Amongst other things, we have directed our expertise towards the large-scale restructuring of unembanked areas, desanding projects, and waste and drinking water projects.
Property investments demand a legal knowledge of various fields of property and construction law. Whether the purchase, sale, letting or leasing of offices, residential dwellings, retail outlets or logistical property is involved, legal issues pertaining to the law governing tenancies, property (easements and the like), construction, spatial planning and contracts almost always play a role.
Advice and more
Clairfort possesses a great deal of knowledge and experience in these fields and is able to apply this expertise to property transactions in a comprehensive manner. We enjoy excellent contact with proficient, experienced property notaries, as a result of which we are not only able to provide advice concerning property transactions but can also assume responsibility for property conveyancing. We act on behalf of domestic and foreign property investors who invest in offices, residential dwellings, retail outlets and logistical property.
As society ages, the need for accommodation for the elderly and health care property is growing. The requirements which are stipulated in respect of such residential dwellings and buildings nowadays differ greatly from the quality that is usually offered. As a result there is a need for new development and the targeted redevelopment of existing buildings may provide a solution for the market demand for good quality accommodation for the elderly and modern residential health care structures.
Clairfort has a great deal of experience dealing with legal issues concerning the development and redevelopment of health care properties. This is not confined to environmental law, the law of contract (governing buildings and otherwise) and procurement law but we also (and in particular) understand issues concerning health care properties involving housing associations and health care institutions, the question as to whether a specific activity may be deemed to constitute a service of general economic interest and the letting of residential dwellings (for health care purposes and otherwise) through an “intermediary” landlord, often a health care provider. In addition, we have experience in relation to the distinction between residential accommodation and health care, income assessment and the allocation of appropriate accommodation, and also the alteration of health care positions to create more onerous nursing positions (and the legal aspects of this).