Construction and Infrastructure Disputes

  • Widely acknowledged as being formidable litigators with the top litigation team in the country, we represent claimants and defendants in many of the largest and complex construction and infrastructure disputes in Israel.  Our clients include the full range of players in the construction industry, including a wide range of international and domestic developers, project companies, consultants, sponsors, civil engineers, occupiers, contractors, subcontractors, lenders, consultants and insurance companies.

     

    We have extensive experience handling disputes relating to transport, roads, railways, ports, power stations, oil and gas, hotels, retail, water desalination, commercial, tunnels and the real estate development sectors. Our team has an outstanding record of representing clients in avoiding or resolving disputes and regulatory issues through negotiation, mediation, adjudication, expert determination, arbitration and court proceedings at all levels on a wide range of matters including:

     

    • Disputes relating to the tendering process
    • Cost overruns
    • Disputes over the termination of EPC or O&M contracts
    • Disputes over functional performance of project facilities
    • Disputes relating to building and design defects
    • Pipeline contract disputes
    • Delay, disruption and force majeure disputes
    • General contractual and shareholder disputes between project partners
    • Off-take disputes
    • Disputes relating to the design, construction and operation of infrastructure projects
    • Representing Shapir Civil and Marine Engineering, Israel’s largest construction, development and civil engineering company, in legal proceedings and negotiations with Netivei Israel - National Transport Infrastructure Company regarding payment disputes relating to a Design-Build project carried out by Shapir at the south Ra'anana section of Highway 531
    • Representing the Ashtrom Group, one of Israel's largest construction companies, and its European joint venture partner, Dragados (a subsidiary of the Spanish civil engineering conglomerate, Actividades de Construcción y Servicios, S.A) , in a NIS 1 billion (approximately USD 250 million) claim against the Ashdod Ports Authority for additional compensation arising from the Ports Authority's mismanagement of the HaYovel port in Ashdod
    • Representing the Minrav-MMS partnership against Israel Railways with regard to disputes arising in the construction of the tunnels for the new high-speed Tel Aviv to Jerusalem rail line
    • Representing Shapir Civil and Marine Engineering in a claim in excess of USD 200 million against the National Roads Company of Israel Ltd. arising from disputed change orders made during the course of the client's construction of Road 22 (one of Israel's major arterial routes)
    • Representing Ortam Malibu in a NIS 40 million (approximately USD 10 million) lawsuit commenced by it against Ayalon Highways Ltd. following engineering, contractual and other disputes arising from the construction of a major highway interchange and several bridges on route 431
    • Representing Shapir Civil and Marine Engineering and Philipp Holzmann AG in connection with the disputed performance by the clients of infrastructure works at the Ashdod Port, in a claim valued in the hundreds of millions of dollars
    • Representing Gili & Yoel Azaria Ltd., part of the Oron Holdings and Investments Group, in a number of proceedings concerning major infrastructure products, including a claim against Israel Railways concerning the construction of a service complex in Beer Sheva, values at NIS 170 million (approximately USD 43 million), and claims against Netivei Israel relating to the expansions of Route 1, Israel's major arterial highway, and of Road 65
    • Representing Shapir Civil and Marine Engineering in proceedings to recover NIS 680 million for its refurbishment and construction of a new wing to Israel's Parliament
    • Representing Vanunu Danny Ltd. in a dispute with Netivei Israel relating to the construction of a number of interchanges in the eastern section of Route 7 (one of Israel's major highways)