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Jacob Henriquez

Attorney at law, partner

Jacob Henriquez is an experienced lawyer that handles complex matters in the Construction & Engineering, Real Estate, Infrastructure, and Offshore sectors, offering robust and knowledgeable representation across a broad range of topics.

Jacob regularly advises his clients on forms of cooperation within construction projects, the types of contracts most suitable to the project, such as Design & Build, DBM, DBMO-agreements as well as the allocation of project-specific design and construction risks. He also negotiates and drafts construction agreements for (international) clients, amongst others EPC and O&M contracts for renewable energy projects.

Most recently he has been involved in cases regarding the construction of datacenters and industrial projects in the Rotterdam harbour (FIDIC, EPC, D&B). Jacob is an experienced and convincing litigator, representing his clients before state courts as well as in complex arbitration cases. Of particular note is Jacob’s in-depth knowledge of the FIDIC standard forms of contract in which matters he has successfully represented and advised his clients.

He is proficient in arbitration and litigation cases in the Netherlands that have international elements. He acts for international clients in – inter alia – injunction and emergency relief proceedings, disputes regarding conservatory attachments and enforcement disputes.

Client quote

The people of Ploum’s Construction & Real Estate team are in my experience professional and thorough. Their support in a complex negotiation process regarding a lease agreement and a design & build construction contract for our new head office was well appreciated.

Legal 500 (EMEA 2018 Edition)

  • Jacob Henriquez is personally recommended for his skills in Construction.

Representative matters

  • Negotiating a D&B agreement on behalf of a client for the realization of its new headquarters in the Netherlands;
  • Drafting a contract for a thermal energy storage system on behalf of a project developer for a large scale development in Amsterdam;
  • Representing a municipality in court proceedings regarding a real estate dispute;
  • Acting as Dutch local counsel for an English barrister in an international arbitration (with seat of arbitration in The Hague) regarding an infrastructure project in Africa;
  • Advising a Dutch hospital on the sale of its real estate;
  • Acting as counsel for a Dutch tank terminal in ICC proceedings about the termination of a FIDIC contract;
  • Acting as lead counsel for a Dutch tank terminal company in multiple summary proceedings at the Rotterdam Court, as well as a successful appeal procedure at the Court of Appeal in The Hague. The case concerned a dispute with a Luxembourg contractor regarding the termination of a FIDIC Yellow Book contract for the design and build of storage tanks in the port of Rotterdam, the Netherlands;
  • Conducting summary proceedings for a Dutch technical services company in the (petro)chemical and energy sector against a German company. The dispute concerned geothermal drilling and the transportation of waste;
  • Prejudgment attachment of company shares and conducting subsequent summary proceedings at the District Court of Amsterdam for a German real estate investor regarding a well-known real estate project in Berlin;
  • Acting as lead counsel for the largest company in the Netherlands in electrical engineering and technical installation works in a dispute with a contracting party regarding the termination of a continuing performance agreement;
  • Acting as lead counsel for a market leader in the field of underfloor heating and underfloor cooling in a dispute with a contracting party regarding the termination of an agreement. The construction project was one of the largest in its kind in a major Dutch city;
  • Acting as Dutch co-counsel for a Dutch company in the railway industry against a Belgian railway infrastructure management company in summary proceedings at the Arbitration Board for the Building Industry regarding issued bank guarantees;
  • Various arbitration proceedings regarding delay and disruption, claims for additional works, damages, defects etc. including commercial and residential housing projects;
  • Acting as lead counsel for several municipalities in disputes with dredging companies. The arbitral proceedings were held at the Arbitration Board for the Building Industry;
  • Advising a major UK law firm on the contractual terms between its client and another party in relation to a dispute regarding an oil port terminal and NAI arbitration conducted in the Netherlands.;
  • Acting as lead counsel for a large Dutch construction company in a dispute with an African State (successful negotiations). The dispute concerned the renovation of the embassy buildings of the African State in The Hague;
  • Advising a representative of a Middle Eastern State following a dispute with a contractor.

Education

  • Grotius Academy Real Estate law (2014)
  • Master International Commercial Law (University of Glasgow, cum laude – 2008)
  • Master Dutch Law (Tilburg University – 2007)

Memberships

  • Association for Dutch Construction Lawyers (VBR-A)
  • IBA International Construction Projects committee
  • Editorial board of ‘Construction Law International’ (CLInt)
  • Dutch Arbitration Association (active member of its construction committee),
  • Netherlands Arbitration Institute
  • General Council of the University of Glasgow

Publications

  • Case note in the Dutch Construction Law Review on Court Judgment 7 May 2018 (ECLI:NL:OGEAC:2018:79) ‘Dispute Adjudication Boards as part of dispute clauses’ (TBR 2019/24);
  • Case note in the Dutch Construction Law Review on RvA 21 November 2018, no. 36.120 (About liability and the duty to warn) (BR 2019/16);
  • Case note in the Dutch Construction Law Review on RvA 16 February 2018, no. 35.734 ‘De reikwijdte van de ontwerpverantwoordelijkheid van de Opdrachtnemer onder de UAV-GC 2005’ (TBR 2018/109);
  • Article in Dutch Construction Law review ‘De FIDIC Rainbow Suite 2017 – een overzicht van de belangrijkste wijzigingen in de general conditions van de Red, Yellow en Silver Book’ (TBR 2018/103)
  • Case note in the Dutch Construction Law review on RvA 27 October 2017, no. 33.169 ‘Sprake van een risicovol ontwerp? Schending van de contractuele waarschuwingsplicht door Aanneemster’ (BR 2018/15);
  • Article in IBA International Litigation Newsletter ‘Going Dutch: the Netherlands as an attractive litigation forum for international disputes in the English language’ (April 2017);
  • Article in AvdR Magazine ‘HR Cattier/Waanders: een onderbelicht fundament voor de waarschuwingsplicht van de opdrachtgever?’ (about the duty to warn in construction law);
  • Case note in the Dutch Construction Law review on RvA 14 April 2016, no. 72.020 ‘Uitleg van een depotregeling uit een koop-/aannemingsovereenkomst’ (BR 2016/64).

Click here to see more publications (articles and case notes).