Construction

WSCO is a specialized law firm with strong competences in construction law.

We assist both public and private clients in all phases of construction, from tendering, contract drafting and negotiations, risk management, insurance, project execution, prevention of conflicts and claims management to disputes before, during and after the hand-over of property, as well as securing evidence through expert reports.

The firm’s clients include municipal, public and private employers and developers, advisers such as architects and engineers, contractors and manufacturers/suppliers.

WSCO has deep insight into and extensive experience in the construction business from the largest building and civil works projects, processing and manufacturing facilities to small building and renovation projects.

WSCO assists contractors and suppliers of systems, materials, and equipment  as well as advisers, in particular architects and engineers.

We also assist employers and developers, whether in the public (municipal), business or private sector, such as owners’ associations.

The firm’s attorneys have many years of experience in all the above-mentioned areas, including:

• Drafting of contracts, including general and special conditions.
• Specialist contracts, principal and major contracts as well as turnkey/design and build contracts.
• Agreed documents such as  AB92, ABT93 and AB Consumer.
• Framework and development agreements.
• Partnering agreements.
• Consultancy agreements, including ABR89 and PAR’s and FRI’s scope of work documents.
• JV and collaboration agreements.
• International contracts based on or inspired by FIDIC and others.
• General terms and conditions of sale and delivery and terms and conditions of procurement.

The good contract and effective contract negotiation require not only close contact and collaboration between the client and the attorney but also a good technical and commercial understanding of the project and the assignment, including the risks that the client is able and willing to assume.

Having extensive experience in practical negotiation, WSCO differentiates itself from other law firms through its solid technical insight, business acumen and solution-oriented approach. The firm’s attorneys also have substantial experience in drafting, reviewing and negotiating Danish- and English-language contracts with Danish and international parties.

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WSCO assists tenderers, including sub-contractors, main contractors and systems and materials suppliers, in connection with the submission of bids for private and public works and projects.

The attorneys have many years of experience in reviewing tender documents, including the employer’s draft contract and general terms and conditions.

WSCO joins the client in a close collaboration with a view to making a risk analysis of the individual project.

A tender may be rejected if deemed unconditional and accordingly it is a special focus area to ensure that the employer cannot reject the offer as unconditional.

WSCO assists the client from the signing and project commencement until or after project completion.

In connection with  construction projects, it is most frequently the case today that questions or actual disputes arise about changes, extra claims, delays, time extension, project matters, defects and possible damage, etc., and such issues must be handled quickly and efficiently in order to protect the client’s position and interests.

Close and expeditious dialogue between the client and the attorney during the construction phase and at project completion, combined with the securing of evidence, can in many cases prevent or mitigate subsequent disputes. In other cases such dialogue and securing of evidence will often be decisive for later determination of the outcome of a dispute.

WSCO prioritizes and is recognized for being proactive, efficient and accessible also during construction works, and meetings are often held at the site or at the client’s premises. This also builds a strong relationship between the client, his organization and the legal adviser.

WSCO has many years of experience in preparing and handling disputes proceedings in some of the following areas:

• Infrastructure/civil works.
• Processing and manufacturing facilities.
• Commercial building projects.
• Renovation and improvements, including for owners’ associations.
• Private building projects.

The firm’s attorneys have been involved in the largest construction arbitration case in Denmark and regularly appear before the Danish Arbitration Board for Building and Construction and the ordinary courts in both major and minor disputes.

WSCO holds long experience in all types of disputes and claims in construction law, such as:

• Changes and extra claims.
• Time extension.
• Delays.
• Defects.
• Professional liability.
• Global cost claims.
• Mould damage in new buildings and renovation of roofs and building envelope.

WSCO prioritizes the importance of developing the game plan of any dispute in close collaboration between the client and the attorney. We also prioritize a continuous assessment, not only of the game plan, but also of any settlement possibility, as the client’s optimal solution may deviate from the best legal solution.

Our priority is not only to be the client’s representative during the entire process, but also to provide accessible, operational and cost-efficient legal advice with the aim to achieve solutions.

WSCO considers it an integral part of our assistance during and after any dispute to enter into dialogue with the client as to how to avoid future disputes.

Whether carried out before or during legal proceedings, expert surveys are a special discipline also in relation to construction, and such surveys will often be decisive for the outcome of the case, for example in matters concerning a disputed claim for defects and professional liability.

It is therefore important that sufficient and qualified technical and legal resources are allocated from the outset of any potential expert survey. WSCO has extensive experience in preparing, planning and implementing expert surveys. The relevant question theme of the survey is prepared in close cooperation with the client and any technical adviser of the client’s.

The firm’s attorneys have successfully taken over cases where expert surveys already have been carried out and where, as part of the supplementary expert survey, we have succeeded in changing the expert’s determination to the advantage of our client.

Our attorneys have also successfully managed to overrule an expert opninion with the effect that a new expert was appointed for the purpose of performing a completely new expert survey.