Contract law and Construction
We offers a complete range of legal services to the construction sector. We advise a wide array of clients including developers, contractors, owners, local authorities and consultants and also provide advice to those operating in construction in the energy sector.
Our team of specialists advises on all phases of building and construction projects, ranging from the initial tender phase to possible dispute resolution following completed projects.
We have broad and valuable experience in organising and implementing the tendering process for both private and public sector contracts. Good work in this phase will regularly mean fewer costly disputes. Many disputes can be avoided if the parties agree on precise and clearly defined contractual obligations. Practice indicates that it is now more important than ever for parties to construction contracts to comply with the often strict regime for contract management and we provide advise to support parties during the lifecycle of a project.
Due to the fundamental differences between the interests of the parties to a contract, disputes cannot always be avoided. Our construction disputes experience and knowledge is second to none. We are in the forefront when it comes to Alternative Dispute Resolution, including mediation. We are also experts in litigation and arbitration. Read more about our dispute resolution practice.
Our lawyers are recommended and ranked including Chambers Global, Chambers Europe, Legal 500, International Financial Law Review (IFLR) and Finansavisen.
We offer
- Organisation, implementation and/or participation in the tender process
- Entering into, drafting and negotiating contract terms
- Project advisory services in construction and installation projects, including traditional construction, process plants, infrastructure including road and rail, offshore installations and other energy related projects
- Project advisory services in other major commercial projects
- Advising on production contracts onshore and offshore, as well as various Norwegian and international contract standards including FIDIC, NLM, Orgalime, Norwegian Standard, Norwegian Production Contract, Norwegian Total Contract, Norwegian Standard Contract
- Strategic consulting at each step of a project's lifecycle
- Civil procedure in all Norwegian courts, including the Supreme Court
- Arbitration in jurisdictions around the world and mediation, and other alternative forms of dispute resolution
Green buildings
Buildings account for approximately 40% of energy consumption and 36% of carbon emissions in EU countries, and the construction sector is facing increasingly stringent regulatory requirements driven by new sustainability mandates at both national and EU levels. In Norway, the government has tightened climate and environmental standards in public procurement, requiring contractors and developers to demonstrate eco-friendly solutions and lower carbon emissions to compete for public contracts. This includes more rigorous criteria for material selection, energy use, and waste management in construction projects. For example, contractors are now expected to provide documentation of their use of certified sustainable materials and outline strategies to minimize waste and reduce energy consumption throughout a building’s lifecycle.
At the EU level, the green transition, spearheaded by initiatives like the European Green Deal and the Fit for 55 package, has led to new regulations impacting the construction industry. These include stricter energy performance standards for buildings, enhanced energy efficiency requirements, and the integration of circular economy principles into construction processes. The EU has also introduced regulations promoting green public procurement as a means to give sustainable projects and technologies a competitive edge. As a result, construction industry stakeholders must adapt to these new standards to remain competitive in future tenders and projects.
Read our articles on Contract Law and Construction
Important changes to the procurement regulations – tightening requirements to consider climate and environmental concerns
The changes in the procurement regulations, rooted in the Hurdal Platform's ambitions for a more sustainable and environmentally friendly business sector, will have significant implications for both suppliers and contracting authorities. The clear message is that sustainability and innovation will become even more central competitive factors, while the burden on contracting authorities to ensure climate-friendly solutions in the design and implementation of their procurements will increase.
Liquidated damages clauses – the position on penalties confirmed
The recent case of in the English High Court confirmed the enforceability of liquidated damages agreed by commercial parties even if the liquidated damages to be recovered are not an exact or precise estimate of loss.
