Construction & Engineering Contracts and Public Procurement

Construction law is one of the firm’s key areas of practice. LALIVE regularly advises clients, on a worldwide basis, in drafting and reviewing construction contracts, joint venture agreements, consortia agreements and turnkey contracts. Many of such contracts are based on industry models such as the International Federation of Consulting Engineers (FIDIC), Société Suisse des Ingénieurs et des Architectes (SIA) and International Trade Centre (ITC). The firm also provides assistance and advice in project management and consultancy services.

 

LALIVE advises and represents States and public entities, owners, contractors, suppliers, engineers, architects and developers from all over the world in construction disputes, in international arbitration and ADR proceedings. Members of the team are frequently appointed as arbitrators by leading arbitration institutions (ICSID, ICC, Swiss Chambers, ICDR, Cairo Regional Centre for International Commercial Arbitration, etc.). Over the years, the firm has developed specific knowledge and experience in assessing claims, managing complex and voluminous cases, leading large teams of lawyers and experts and cooperating with clients’ in-house and external advisors.

 

The firm provides specific services in public procurement matters in both Switzerland and abroad, including to States and public entities. In Switzerland, public procurement law has undergone substantial changes in recent years and now allows foreign contractors to participate in public tenders. LALIVE represents owners and contractors in international arbitration proceedings where public procurement issues arise. These include issues such as transparency and regularity in the bidding process, non-compliance with bidding rules, failure by the owner to enter into the contract or claims by frustrated bidders, claims amongst joint bidders, breach of contract and claims by agents for unpaid fees.

 

The firm’s construction lawyers are active in specialised professional associations such as the International Bar Association (International Construction Projects Committee, formerly Committee T) and the Scientific Committee of the Institute of Swiss and International Construction Law. They also frequently publish in the field of construction law; they have drafted the Swiss chapter in the leading commentary on FIDIC contracts and act as Swiss country reporters for the construction law section of the internet legal library "The International Law Office".

 

Selected assignments:

 

Projects in which the firm has been involved either as advisor in contractual matters or as counsel or arbitrator in dispute settlement proceedings include: 

 

  • The Athens metro and airport projects
  • A gas processing plant in Egypt
  • A water desalination plant in the United Arab Emirates
  • A waste treatment plant in Portugal
  • Food processing plants in Russia 
  • Hotel projects in Geneva, Morocco, Tunisia, Russia and the United Arab Emirates
  • Recreation parks and a rollercoaster in the USA
  • An aluminium smelter in France 
  • A gas bottle plant in Northern Africa
  • Housing projects in Russia
  • A biotech plant in Switzerland
  • Tunnel and railway projects in Switzerland 
  • Railway works in Romania
  • An underwater cable off the African coast
  • A petrochemical plant in Latin America
  • Pipeline and gas delivery infrastructure in Europe and the Middle-East
  • Numerous infrastructure projects in Switzerland (roads, bridges, special infrastructure)

 

Related areas of expertise:

 

Lawyers: