Construction
About
White & Case's Construction & Engineering Group advises clients across the globe on all their construction-related needs, from the drafting of tender and project documentation to the resolution of disputes arising out of projects.
Our experience covers all major sectors including transport infrastructure (airports, ports, roads, rail and water), oil & gas, petrochemicals, process plants, power, renewables, mining & metals and commercial property.
We offer a single point of contact for project development, contract administration and dispute resolution advice, including dispute and risk mitigation. 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 have both project development and dispute resolution specialists based in all key construction markets across the world, including North America, Latin America, Europe, Africa, the Middle East and Asia-Pacific.
Our construction lawyers also work closely with our real estate, project development and finance lawyers, enabling us to advise on all aspects of a project.
Procurement and development strategies
We offer strategic advice and risk analysis on a wide variety of construction procurement strategies, such as build only, EPC/turnkey, construction management and collaborative contracting. Our team has broad experience advising on tendering approaches and strategies, as well as analyzing and reporting on tender content and compliance. A key strength of our practice is advising procurers, developers and lenders on project-financed transactions, taking into account market practice and bankability issues for construction contracts, as well as other related project documentation.
Breadth of contract expertise
We are very familiar with all of the main forms of construction contracts employed internationally, including FIDIC, NEC, ENAA, AIA, IChemE and IMechE, as well as domestic and industry-specific forms. We prepare special conditions for all such standard-form and/or draft bespoke contracts and ancillary documents, such as guarantees and other financial support arrangements, joint venture agreements, subcontracts, supply contracts, and technology and license agreements, as well as agreements for operation and/or maintenance services.
FIDIC
Our experience with the FIDIC forms, the most widely used form of contract internationally, is particularly notable. We assist clients with the contract management and in response to claims under the FIDIC form of contracts, DAB proceedings and arbitration proceedings arising out of the FIDIC form of contracts. We advised FIDIC on its updates to the FIDIC contracts in 2017, and our team also includes the Legal Advisor to the FIDIC Contracts Committee. In 2010, a White & Case team authored FIDIC Contracts: Law and Practice, which has become one of the leading industry guides to using the FIDIC contract forms. A White & Case partner was also a member of the working group that drafted the FIDIC contract on underground works, released in 2019 (popularly known as the "Emerald" book).
Contract administration and claims management
We offer extensive expertise in advising on contract administration and claims management. Our team frequently undertakes proactive strategies to prevent claims and, where claims arise, actively manage them with our clients to achieve settlement.
Dispute boards and expert determination
We have significant experience advising and representing clients in dispute board and expert determination proceedings.
Mediation
Leading clients rely on our team for representation in mediations and assistance in attempting to reach an amicable resolution of their disputes.
Arbitrations/Litigation
We are widely recognized as the leading practice for international construction disputes, advising on international arbitrations and litigation proceedings around the world. We conduct our own advocacy, thereby providing a seamless, streamlined and more cost-effective service.
View all lawyers in Construction
AWARDS & RECOGNITION
Band 1: Construction: International Arbitration
Chambers UK 2024
Tier 1: Construction: Contentious
The Legal 500 UK 2024
Band 2: Construction, Global: Multi-Jurisdictional
Chambers Global 2024
Legal Firm of the Year
FIDIC Contracts Awards 2023
"Impressive global practice renowned for its activities in high-profile international construction disputes and major construction projects. The firm has a particularly strong track record in the UK, as well as demonstrating expertise in the Middle East, Latin America and Asia-Pacific"
Chambers Global, Construction
"'They are the best law firm with whom I have worked' and impressed client reveals, elaborating: 'They are very hard workers and have supported us at all stages of the process'"
Chambers UK, Construction: Contentious
"Widely admired for its work on large, high-end projects worldwide, including transport infrastructure, downstream oil and gas developments and nuclear power plants."
Chambers UK, Construction: International arbitration
"The White & Case contentious construction team has an ability to deal with large-scale complex disputes very effectively and efficiently. They work together as a team, fluidly managing large teams comprised of lawyers with the right levels of expertise."
The Legal 500 UK, Construction: Contentious
"The firm provides an excellent service covering the full range of construction contracts and more general projects work, the work product is to a very high quality."
The Legal 500 UK, Construction: Non-Contentious
"Able to mobilise strong teams to manage some of the region's largest disputes on some of the region's largest projects."
The Legal 500 EMEA, Construction (UAE)
"Top level construction knowledge and experience."
The Legal 500 Asia Pacific, Construction (Australia)
"Super skilled in litigation in the construction sector."
The Legal 500 EMEA, Construction (Sweden)
"Especially noted for its mastery of construction sector disputes."
Chambers Global, International Arbitration (Asia-Pacific)
"Highly specialised construction disputes team, which acts for a number of key regional companies and government entities."
Chambers Global, Dispute Resolution (Middle East-wide)
Experience
Africa
Representation of the sponsor consortium in the development and financing of a floating liquefied natural gas (LNG) terminal in Ghana's Tema port. We advised the sponsors on the construction and development of the terminal, the vessel construction contracts and the terminal use agreement with the LNG supplier. We also advised the sponsors on the financing of the project.
Representing the Republic of Nigeria in a US$2.5 billion ICC arbitration brought by Nigerian energy company Sunrise Power and Transmission Company against the Federal Republic of Nigeria and Chinese state-owned company Sinohydro Corporation concerning a dispute arising out of the construction of the Mambilla hydropower project.
Asia-Pacific
Representing INPEX Operations Australia in respect of numerous arbitrations and project completion issues arising out of the construction and engineering of an onshore LNG processing facility. The overall project, which has an estimated value of US$40 billion plus is one of the biggest infrastructure projects in the global oil & gas sector. There have been multibillion-dollar cost overruns during the construction and the delays to project completion resulted in very significant lost revenue.
Representing Copenhagen Infrastructure Partners (CIP), as sponsor, in the development and project financing of the US$3 billion 589 MW Changfang and Xidao offshore windfarm projects off the coast of Changhua County in Taiwan. CIP is a fund management company with a portfolio of renewable energy infrastructure assets in Europe and North America, and is looking to expand its footprint in Asia-Pacific.
Europe
Advising the owner on a major project involving the construction of a US$10 billion + new-build nuclear power station in a CIS country. We led the development and negotiation of the construction contract for the project and advised the client on the procurement strategy.
Representing the Roads Department of a Central Asian state in relation to multiple disputes against different contractors and guarantors arising out of the construction of a highway in that state. The project is a major infrastructure development project in the country concerned, funded by multilateral development banks and of significance to its tourist industry and economy.
Latin America
Advising a subsidiary of TermoCandelaria Power Ltd. (TPL), as owner and developer, on the US$220 million development and financing of the conversion of its power plant located in Cartagena, Colombia from simple to nominal 566 MW net combined-cycle. TPL is the fifth-largest electric power generation company in Colombia, and the largest non-hydro generator in the country.
Securing a favorable outcome for a major global construction contractor in a highly complex ICC Spanish-language arbitration involving a dispute over the construction of a bridge over the Panama Canal.
Middle East
Advising a Middle Eastern government on multiple significant construction disputes relating to vital infrastructure for their country, including in relation to the construction and engineering of new international and regional airports, the construction of highways including a major expressway linking the country to a neighboring one and the construction of a water supply scheme.
Representing EWEC in connection with the PV2 IPP involving the development of a 2 GW solar project, the largest single-site solar project in the world, together with a grid station and associated facilities in the Emirate of Abu Dhabi, UAE.
North America
Representing a developer/contractor in negotiating an overall development, construction and O&M strategy with a private equity firm whereby the developer/contractor will identify, construct, operate and maintain microgrids utilizing solar and battery technology in California and the East Coast of the United States.
Representing a US petrochemical company in managing project execution and contractual issues for a US$2.5 billion petrochemical complex constructed by two EPC contractors.
