In conversation with Rob Bleeker
The world of construction and procurement law
Success in a case is a matter of teamwork
In the complex world of construction and procurement law, it is essential to have knowledgeable and experienced professionals by your side. The expertise of Rob Bleeker, a lawyer specializing in construction law and procurement law, is regularly utilized by A.Hak.
Rob Bleeker is at the heart of the world of construction law and procurement law. As a lawyer at Rozemond Advocaten, he has built extensive experience in advising and representing clients within the construction sector.
The process of resolving construction disputes often requires patience and collaboration between the lawyer and the client. The most important thing is to realize that as long as a solution is being sought and the client cooperates, one is looking for agreement. Once that is no longer the case, it becomes time to take a step back and stand stronger with legal arguments.
Rob Bleeker: “In the world of the construction sector, it sometimes happens that lawyers are brought in to present disputes to the court. While it is a weapon one would rather not use, it is sometimes necessary. Fortunately, there are few clients who do not behave correctly, but when that is the case, it is reassuring to know that a judge can set them straight.”
“Success in a case is a matter of teamwork. You must tell each other very clearly what you want to achieve. Put your shoulders to the wheel together, work out all the details, and keep your attention focused until the last moment. Construction is no-nonsense and we like to keep it that way.”
Increasing complexity
As a lawyer and lecturer in construction law, Bleeker sees that more and more lawyers and contract managers are needed to properly guide the field. However, he does not necessarily view this as a positive development. In the past, standard contracts were the norm and legal involvement was therefore minimal. The increasing complexity of construction contracts and the need for risk management have, however, led to greater dependence on legal expertise. As a result, legal professionals now play a more integral role in the execution of construction projects, both on the client side and on the contractor side.
Two-phase contracts are the future
A new approach to contracts, where technical experts have more input and lawyers less, can reduce costs and risks on both sides and ensure better collaboration.
This can best be achieved through the use of two-phase contracts, where both design and realization are discussed together. The client remains involved and there is collaboration in procurement. This promotes job satisfaction and reduces distrust between parties, leading to better manageable costs. This approach is already widely used by water boards and clients in the energy sector are also showing interest. Contracts such as TenneT’s EU302 were created with this starting position. A.Hak now also works with TenneT according to such a contract to realize underground connections. This offers many opportunities for long-term collaborations.
Standardization
Creating clarity in roles is of great importance, according to Bleeker. He is an advocate of standardizing two-phase contracts, which he is currently working on. This ensures that it is immediately clear what is needed for a project and reduces the need to constantly create new legal formulations. The goal is to then apply this model more broadly.
Law firm Rozemond has had relationships with contractors for almost 100 years, with some clients having been customers for a century. The importance of long-term and personal relationships is strongly emphasized.
Construction teams and tenders
Working in construction teams helps clarify those roles. Bleeker: “Once the team is assembled, all the energy put into it can mean progress. By working together from the design phase, more benefits can be achieved, such as using different working methods and techniques. In construction teams, it’s all about maximum mutual trust and selecting the best partner based on knowledge and expertise. Of course, we also strive for the lowest possible integral cost price.”
Doing what we promise
EMVI promises in tenders also deserve to be kept. The EMVI penalty, for example, is a method that can be included in the contract to encourage contractors to carry out construction work in accordance with their bid. There are increasingly more questions and complaints about these penalties, as they often seem unclear and excessive. Discussing this topic via tender platforms feels uncomfortable, as Herremans notes. Yet the questions must be asked. It is always better to discuss this beforehand in the tender rather than afterwards.
