Contract drafting and contract negotiations

Our construction lawyers are, fundamentally, commercial lawyers. This means that they have an instinctive sense when assessing whether it is commercially wise for a client to litigate or settle. We also have a firmly-rooted awareness of the risks involved in a transaction and how they should be balanced in a contract. Our opinion is that they should be well-balanced between the parties, and that it is best for each risk to be borne by the party who can control it best.

In the construction industry, retaining lawyers for contract issues at an early stage used to be an exception. The contract was highly standardised by means of the AB 04 and ABT 06 agreements, and through the AMA AF administrative provisions. This tradition has, however, gradually changed over the past ten to fifteen years.

During that time, we at Foyen have acquired solid experience in reviewing and negotiating construction contracts which diverge from the standard templates. This may involve:

– contracts for construction with enhanced collaboration/partnering, where we recently produced a national template for enhanced cooperation for the Swedish Construction Clients Association;

– consultancy agreements with a CM (Contract Management) structure or an EPCM (Engineering, Procurement, Contract Management) structure;

– reworking the construction provisions in an AF section.

This may also involve negotiating and drafting contracts which are based on other standard industry agreements, for example the technology companies’ NL, NLM, ABA 99, or other agreements, as well as the international counterparts to AB/ABT, such as ORGALIME and FIDIC.

A great deal of our advice on major projects is strategic

This often involves the selection of the form of contract and compensation rules, as well as how larger projects can be broken down into smaller projects to promote efficiency. We work with this type of issue every day, and we participate in a large number of the largest infrastructure projects now underway in Sweden.

Examples of client assignments

Complex issues in one of Sweden’s largest infrastructure projects

On-going representation in one of Sweden’s most extensive infrastructure projects, where we assist with construction and procurement issues, associated with a large number of split construction contracts in a conversion project. The client is the development administration for one of Sweden’s largest municipalities and the project is anticipated to continue for a number of years into the future.

Provisions and contracts for conversion of infrastructure

Assist with drafting of contract and procurement provisions in one of northern Europe’s largest on-going urban development projects which includes, among other things, 24,000 residences and 10,000 offices. The project includes comprehensive construction contracts for development of municipal infrastructure, such as streets, public squares, parks, and line routing. The client is a large Swedish municipality and the engagement was carried out during 2017.

Template agreement for construction with partnering

Assist with drafting of national template agreements for construction with enhanced collaboration – partnering – with appurtenant application provisions. The client was an industry organisation for Sweden’s property owners and construction and infrastructure clients.

Contract negotiations for partnering

We have assisted one of Sweden’s largest real property companies with drafting contract documents for partnering associated with construction of hotels and offices.

Meet our Contract drafting and contract negotiations team

  • Christoffer Löfquist

    Partner

    +46 40-661 56 47

    +46 737-19 51 47

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  • Eva Westberg Persson

    Partner

    +46 8-506 184 23

    +46 733-22 84 23

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  • Oscar Wackling

    Partner

    goteborg

    +46 31-743 20 79

    +46 703-50 80 56

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  • Anders Lindström

    Senior Associate

    malmo

    + 46 40-661 56 45

    + 46 737-19 51 34

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  • Andreas Lundqvist

    Senior Associate

    +46 8 506 184 84

    +46 723 73 16 07

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  • Ann Liljedal

    Senior Associate

    +46 23-79 47 95

    + 46 723-73 16 38

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  • Axel Ryning

    Senior Associate

    Parental Leave

    +46 723-731622

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  • Fanny Herbe

    Senior Associate

    Parental leave

    +46 8-506 184 00

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  • Hampus Ek

    Senior Associate

    +46 8-506 184 61

    +46 737-19 51 11

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  • Hedvig Cassne Lagrell

    Senior Associate

    +46 8-506 184 15

    + 46 737-19 51 15

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  • Johanna Hellström

    Advokat

    +46 31-763 21 69

    +46 723-73 16 03

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  • Ida M Ulfsdotter

    Senior Associate

    Parental leave

    +46 8 506 184 00

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  • Johan Bogren

    Senior Associate

    + 46 40-661 21 63

    + 46 723-73 16 43

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  • Johan Bengtsson

    Senior Associate

    +46 8 506 184 10

    +46 732 409 801

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  • Lars Lindebratt

    Senior Associate

    +46 40-661 56 42

    +46 737-19 51 32

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  • Sofia Wedbäck

    Senior Associate

    + 46 8-506 184 37

    + 46 723-73 16 37

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  • Cornelis Rosengren

    Associate

    + 46 8-506 184 81

    + 46 723-73 16 28

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  • Emil Landin

    Senior Associate

    + 46 8-506 184 07

    + 46 723-73 16 14

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  • Emma Gustafsson

    Senior Associate

    Maternity Leave

    + 46 40 661 56 50

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  • Pernilla Samuelsson

    Associate

    +46 8-506 184 22

    +46 708-55 68 89

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  • Elina Sandström

    Paralegal

    + 46 8-506 184 39

    + 46723-73 16 39

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  • Alexander Wallin

    Assocciate

    +46 40-661 21 65

    +46 708-29 37 05

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