Viltoft

Partner Eva Olesen is part of the VILTOFT team of procurement specialists and has more than nine years’ practical experience in procurement law. Eva mainly advises public authorities and private enterprises on all aspects of procurement, ranging from advice on the choice of tender type and strategy, advice on the organisation of the tendering process, preparation of tender documents and the conduct of negotiations to assistance in addressing critical issues in relation to the tender procedure and the handling of complaints. Eva often works closely with the contracting party or acts as an adviser to the client adviser, being a key sounding board for all parties involved and ensuring a successful tendering procedure. In addition, Eva advises both public and private clients on all aspects of construction law, especially in cases concerning technical consultancy. She has participated in the preparation and conduct of several arbitral proceedings in that field. Eva has advised clients on matters including: call for tenders for the construction of new sustainable housing for CIVICA, Department 055 call for tenders for operation and maintenance of Metro lines M1 and M2 in the period from 1 January 2019 to 31 December 2024 (contract value: DKK 2bn) call for tenders for the Metro to Nordhavn project for the Copenhagen Metro (contract value: DKK 2.2bn) preparation of social clauses for inclusion in the call for tenders for the Copenhagen City Ring Line call for tenders for Odense Tramway for the City of Odense (contract value: DKK 2.5bn) call for tenders for demolition of high-rise buildings contaminated with PCBs and asbestos in Brøndby Strand (contract value: DKK 200m) call for tenders for the first stage of a new university hospital in Køge (contract value: DKK 2.2bn) In addition, Eva has been involved in a number of arbitral proceedings and in complaint cases brought before the Complaints Board for Public Procurement regarding: design and supervision liability of technical consultants, including a case concerning the liability of Lundgaard & Tranberg Architects as lead consultant on the Louiselund Care Centre and Senior Housing project call for tenders for Bio4 project for HOFOR – Greater Copenhagen Utility call for tenders for Odense Tramway for the City of Odense

Henrik Hauge Andersen

Partner. Since the mid-1990s Henrik Hauge Andersen has primarily provided legal advice in the fields of construction and procurement law with a special focus on the building and construction industry. Henrik represents all types of parties in building and construction: mainly construction clients and consultants, but frequently also contractors. Henrik’s regular clients include a number of local authorities in Denmark, several social housing associations, architectural and engineering firms, a handful of small and large construction companies and several Danish insurance companies, which he advises on matters relating to construction contracts. Henrik has extensive litigation and negotiation experience from several large-scale court and arbitration proceedings in the field of construction law, in particular proceedings relating to the Copenhagen Metro project. He has also conducted cases for local authorities and social housing associations and has provided legal advice in relation to major company headquarters development projects, insurance disputes and all aspects of the legal position of consultants. However, Henrik’s main focus is on swift, efficient dispute resolution through negotiation, including mediation and conciliation. Henrik also has a great deal of public law experience, especially in the fields of planning law, expropriation law and administrative law. Together with Insight Events, Henrik has organised the leading conference on construction law, Legal Challenges in Building and Construction, since 2012. He is also a member of the board of the Danish Society for Construction and Consulting Law. References: For construction clients: call for tenders, contracting and regular advice in relation to a new municipal administration centre in Vordingborg (public-private partnership) arbitration concerning cobblestone paving of a road in Stevns Municipality call for tenders, contracting and regular advice in relation to renovation of the Hoejbjerg Vaenge social housing estate in Herlev arbitration, expert appraisal and regular advice in relation to the Arctic Ring and the flamingo enclosure in Copenhagen Zoo litigation concerning public-sector client’s liability in connection with a fire in the Jyllingehallerne sports facility during municipal ESCO renovation For consultants: assistance regarding the preparation of tender for the lead consultancy contract in relation to the construction of a new Storstroem Bridge negotiations on redesign, additional fees and the division of joint venture in relation to the New Odense University Hospital (OUH) fee negotiation in relation to extended construction period for a new acute care hospital in Goedstrup (DNV) arbitral proceedings concerning consultant liability in relation to the construction of a motorway around Silkeborg litigation and mediation concerning actionable errors committed by a Danish architectural firm in relation to the design of a school and a national swimming pool facility in Bergen, Norway arbitral proceedings concerning consultant liability in relation to Novo Nordisk headquarters settled during the exchange of pleadings expert appraisal concerning protection of an educational facility in the Nørrebro district of Copenhagen against torrential downpours For contractors: regular advice to the cost-plus contractor in charge of the construction of a Facebook data centre in Odense, particularly concerning contracting and dispute resolution litigation on behalf of a lead contractor in a case concerning structural design errors in three building projects in Carlsberg City regular advice and preparation of final account for airside building at Copenhagen Airport, settled through negotiation arbitral proceedings concerning termination of surfacing contract in relation to commercial building project in Albertslund Henrik is the co-author (with Michael Gjedde-Nielsen et al.) of "ABR 18: General Conditions for Consulting Services", Karnov Group, 1st edition, 2021.

Michael Gjedde-Nielsen

Attorney. Michael Gjedde-Nielsen advises public-sector companies, public authorities and private businesses on all aspects of construction law and procurement. He has been and is involved in several major building and construction projects in Denmark. Michael assists in the planning of calls for tenders and the drafting of the legal parts of tender documents, and he participates in the negotiation and conclusion of contracts in connection with building and construction projects and other procurement activities. In addition, Michael advises construction clients and construction companies on all legal issues relating to the construction stage. Michael has conducted a range of major arbitration proceedings before the Danish Building and Construction Arbitration Board, including the biggest case ever heard by this board. Michael also has extensive experience as a litigator before the High Court and the Supreme Court in cases relating to construction law and procurement law. Michael has been involved in some of the largest cases before the Complaints Board for Public Procurement. In the international guide Chambers Europe, Michael is ranked at the very top under Real Estate: Construction, and in the guide for 2021, he is also recognised in the category "Senior Statespeople". Michael is the co-author (with Henrik Hauge Andersen et al.) of "ABR 18: General Conditions for Consulting Services", Karnov Group, 1st edition, 2021. Michael is also the co-author (with Hans Lykke Hansen) of "ABR 89: General Conditions for Consulting Services", Karnov Group, 3rd edition, 2013 Michael has advised clients on: Calls for tenders, conclusion of contracts and construction of Stages 1-3 of the Copenhagen Metro for Metroselskabet (contract value: around DKK 10 billions) Calls for tenders, conclusion of contracts and construction of the City Ring line for Metroselskabet (contract value: around DKK 22 billions) Calls for tenders and conclusion of contracts for ambulance services and patient transport for four of the five Danish regional authorities (contract value: around DKK 4 billions) Calls for tenders for the operation and maintenance of Stages 1-3 of the Copenhagen Metro for Metroselskabet (contract value: around DKK 2 billions) Calls for tenders for the Nordhavn Metro line project for Metroselskabet (contract value: around DKK 2.2 billions) Calls for tenders for the Sydhavn Metro line project for Metroselskabet (contract value: around DKK 9 billions) Calls for tenders for technical consultancy regarding a new university hospital in Køge for Region Zealand (total project value: around DKK 4 billions) Calls for tenders for architectural finishes on the City Ring project for Metroselskabet (contract value: around DKK 0.5 billion) Preparation of the future Odense Light Rail for the City of Odense (contract value: around DKK 2.6 billions) Contract negotiations regarding the construction of a high-rise building in the Carlsberg City District (contract value: around DKK 1,5 billion) Michael has also assisted in a considerable number of court and arbitration proceedings, and among his most significant proceedings are: Arbitration proceedings regarding the final outstanding balances between Metroselskabet and Comet following the construction of Stages 1 and 2 of the Copenhagen Metro Arbitration proceedings regarding the final account for Stage 3 of the Copenhagen Metro Dispute review board case concerning the call for tenders for the City Ring linen (with Claus Berg) Arbitration proceedings regarding the final outstanding balances between Metroselskabet and CMT following the construction of the City Ring Project

Morten Ruben Brage

Partner. Morten Ruben Brage advises public authorities, private-sector enterprises and technical consultants on all aspects of construction and procurement law, with a special focus on consultant liability. In addition, Morten provides advice on issues pertaining to environmental law, including general availability restrictions, planning law, EIAs, waste and soil management, and expropriation. Morten has conducted a number of cases in the field of environmental law. Morten has extensive litigation experience and has conducted cases in the high courts, the Maritime and Commercial High Court and the Danish Building and Construction Arbitration Board, as well as the Complaints Board for Public Procurement. In 2015, Morten served as acting high court judge in the Eastern High Court. From 2011 to 2015 he was an external lecturer on property law (environmental law) at the University of Copenhagen and co-editor of Miljøretlige Afgørelser og Domme (MAD), a journal on decisions and judgments in environmental law. Morten’s recent work includes assistance in matters relating to building and construction: representing a construction client in arbitral proceedings concerning the termination of a construction contract and arbitral proceedings concerning fee for additional works acting as litigator in a case concerning consultant liability representing a client in a case heard by the Complaints Board for Public Procurement providing advice on a number of matters, including the question of obligations under the Public Procurement Act, rules concerning participation in joint ventures in relation to the same tender, and assessment of compliance with conditions In the field of environmental law, Morten has recently provided advice on the following: assessment of application of the EIA Directive in connection with the adoption of construction-related legislation Morten is the co-author (with Michael Gjedde-Nielsen et al.) of "ABR 18: General Conditions for Consulting Services", Karnov Group, 1st edition, 2021.

Peter Fauerholdt Thommesen

Partner. Peter Fauerholdt Thommesen advises public and private sector clients and technical consultants on all aspects of construction including infrastructure and public procurement. He assists in drafting and negotiating contracts and in designing and handling tenders for public works and other public contracts. Dispute resolution (arbitration, litigation and mediation) is a particular area of expertise for Peter. He handles not only construction and infrastructure disputes and professional negligence disputes within technical consultancy, but also commercial, contractual and public law disputes. He is a certified arbitrator and mediator. In 2013, he sat as a Temporary Judge at the High Court of Eastern Denmark. Since 2017, he has been member of the ICC Commission on Arbitration and ADR. Peter also advises on real estate transactions and projects, including public-private urban development projects and other PPPs. He has extensive general commercial, contracts and corporate law experience. Peter has achieved recognition in Chambers Europe, Legal 500 and Who’s Who Legal. Peter has recently advised clients on matters such as: Drafting and tendering of contracts for the lightrail project in Odense (Odense Letbane) and the Greater Copenhagen Area (Ring 3), covering civil works, transportation systems, rolling stock and maintenance and operation Drafting and tendering of contracts for infrastructure works in connection with the Copenhagen Metro Drafting and tendering of contracts for urban development PPP projects as well as establishing public-private urban development companies (NærHeden, Høje Taastrup C, etc.) Tender of insurance services relating to infrastructure projects Tender of it development contract Ongoing legal assistance to technical consultants (architects and engineers) and contractors on building and construction projects He has also been involved in litigation and arbitration concerning: Delay and additional claims of contractors in connection with the Copenhagen Metro project Delay and disruption related to projects within the district heating sector All-risks insurance cover for construction defects in newly constructed commercial buildings and other insurance claims disputes Product liability in the building and construction industry Fees and liability of technical consultants in relation to large public construction projects such as mega-hospital projects Professional negligence of technical consultants, attorneys and company directors As arbitrator Peter Fauerholdt Thommesen has been appointed in 20+ ad hoc and institutional arbitrations regarding shareholder disputes, partnership disputes, M&A, real estate and insurance disputes as well as contractual disputes in a number of areas such as building and construction, IT and energy. He has experience both as chairman, co-arbitrator, sole arbitrator, interim arbitration and as arbitrator in expedited arbitration procedures. Peter is the co-author (with Michael Gjedde-Nielsen et al.) of ABR 18: General Conditions for Consulting Services, Karnov Group, 1st edition, 2021. Peter is also the co-author (with Jakob Juul) of Danish Arbitration ("Voldgiftsret"), Karnov Group, 3rd edition 2017.

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