Infrastructure

One of the characteristic features of infrastructure projects is that planning, tendering and implementation of these projects require the involvement of many different skills, including project management and planning, finance, technical insight and, not least, legal skills, and the people holding these skills must be able to work closely together over a long period of time.

We have extensive experience in assisting employers in all phases of an infrastructure project:

• during planning – we assist, for example, with initial market studies and preparing a tendering strategy/tendering model and a negotiation strategy;
• during the actual tendering process – we assist, for example, with preparing tender documents, including the contract, commercial terms, tender specifications, etc., and we provide assistance during negotiations with tenderers, help with the evaluation of tenders submitted and, if relevant, conduct complaints cases before the Danish Complaints Board for Public Procurement; and
• during implementation – we assist with contract management, negotiations with the supplier/contractor in connection with the performance of the contract, contract amendments, dispute resolution and arbitration proceedings.

We usually work closely with the employer and other advisors, such as engineering and architectural advisors and consultants. In periods, we often work from the employer’s premises – or from a project office – together with the other advisors (co-location).

We currently provide advice on the following (and other) infrastructure projects:

• New Storstrøm bridge (Danish Road Directorate)
• New Copenhagen-Ringsted railway (Banedanmark (Danish railways))
• Offshore wind farm concessions Horns Rev 1-3, Kriegers Flak, Vesterhav Syd and Vesterhav Nord (Danish Energy Agency)
• Fehmarnbelt Fixed Link (Femern A/S)
• Signalling Programme (Banedanmark)
• Fjord Link Frederikssund, bridge and toll booth (Fjordforbindelsen Frederikssund SOV)
• Electrification Programme (Banedanmark)
• Ringsted-Fehmarn, upgrading of railway, bridges, etc. (Banedanmark)
• Tender for train services in Central and Western Jutland (Ministry of Transport)
• New electric trains, coaches and locomotives as well as new workshops (DSB)

Our assistance is usually anchored in our Public Procurement and Infrastructure Team, but a large part of the work consists in drawing on assistance from other of our experts, as legal assistance for an infrastructure project often requires skills within the following disciplines:

• Environmental and planning law, utility line law and public works law
• Contract management
• State aid
• Public organisation
• Employment law
• Construction law
• Tendering, including flexible tendering procedures (negotiated procedure and competitive dialogue)
• Contract drafting
• IPR
• EU law
• Specialty law (if relevant)
• Cyber security
• Project management
• Negotiation
• Arbitration

Our goal is for our clients to experience that we provide seamless advisory services through a single point of contact, even if the services we provide involve a wide variety of specialists from different teams.