50 years of case law that transformed marine infrastructure contracts

This article reviews various court cases over the past 50 years and considers their influence on marine infrastructure contracts and the allocation of risk between contract parties. The establishment of case law and legal precedent is an ever-evolving process, it being dependent on claimants to put their disputes through the court process to seek the outcome they desire. It is often a long and costly process. The rise of adjudication in various common law jurisdictions and countries means that often disputes are resolved without recourse to the courts and various industry standard contracts have arbitration as the final and binding mechanism to resolve disputes.

Presentation: ‘Private Financing of Green Solutions’ by Mark van Geest (Boskalis) − Project Finance Manager

Private capital can accelerate the green transition of sustainable infrastructure solutions, so how can we unlock the private capital potential?

Presentation: ‘Hondsbossche and Pettemer Sea Defence an example of sustainable asset valuation’ by Sven Kramer (Van Oord) − Director Sustainability

This presentation shows the practical implications of taking all externalities into consideration as early as possible in a project procedure. It is complex but asset valuation is gradually becoming more and more feasible for large infrastructure projects. The independent International Institute of Sustainable Development carried out a study on the benefits of “Nature Based” coastal Protection compared to traditional “Grey” solutions. Their report is expected to be published mid-November 2021.

Adverse physical conditions: Legal development and changes in risk profiles

In the past decade, there have been noteworthy advances in case law with respect to adverse physical conditions as well as the development and use of digital ground models that have become more widespread. This article looks at the development and changes in risk profiles that may result due to these two developments.

Tenders and Bidding

Tenders are usually conducted in four stages: Prequalification; the issue of tender documents; receipt and review of tenders; award of contract.