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.
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.
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.
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.
We have assisted one of Sweden’s largest real property companies with drafting contract documents for partnering associated with construction of hotels and offices.
It is about being able to support all aspects of the business, from procurement and dispute resolution to environmental and contractor issues. That is why we have put together a specific industry team, with legal experts who together can offer a virtually unrivalled combination of experience and legal expertise in infrastructure.