Wintgens, Marc

Marc Wintgens
Function	Lawyer and Partner
Expertise	Construction and Real Estate
Office	Eindhoven
Phone	+31 88 253 5759
Fax	+31 88 253 5630
Email	mwintgens@akd.nl

 

Marc Wintgens (1961) has built up extensive experience in the field of private law relating to construction and property with a particular focus on complex situations involving both public authorities and private parties. Included among his clients are bodies such as local councils, housing associations and healthcare institutions as well as large project developers, contractors and investors. Marc is regarded as one of the leading experts in his field, as reflected by international rankings including Chambers and the Legal 500 in which his name is prominently mentioned. This is also due to him being selected by colleagues in the legal profession, in 2008, as one of the top three lawyers working in construction law in the Netherlands.

In the construction law field he has focused on the drawing up of complex legal contracts for the design, construction, financing, management and/or maintenance of large construction projects; those which are either tailormade or, for instance, based on DNR 2005 (The New Rules between client-architect, engineer and consultant) and/or UAV-1989 (Uniform Administrative Conditions for the Executive of Works) or UAV-GC 2005 (Uniform Administrative Conditions for the Executive of Works for Integrated Forms of Contracts). His involvement has included establishing DB(F)MO contracts for the financing, realisation and continuation of integrated projects, for utility construction and infrastructural ventures and for wide-ranging educational facilities. Here, Marc has been responsible for devising all the various forms of contracts required for successfully completing large-scale housing developments, utility construction and infrastructural projects.

In addition, one of his specialities is to manage risks arising during the implementation phase of government-related construction projects relating to issues of liability, claims based on reduced or additional work input, pauses in construction, financial disputes and risk management in the general sense. He also has considerable experience in litigation via the Dutch construction arbitration council (Raad van Arbitrage voor de Bouw), the Dutch arbitration institute (NAI) and various courts where he acts on behalf of government-related bodies as well as large private, and frequently international, commissioning parties in addition to project developers and contractors.

In the area of property law he has concentrated on property transactions and project development and related contracts such as public-private partnerships (PPPs). He has conducted negotiations on behalf of clients including government bodies and private parties and drawn up contracts for extremely complex and large-scale property developments in the Netherlands. A feature of such projects has often been close co-operation with other disciplines within AKD including adminstrative law, European and competition law as well as corporate law.