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Construction and Real Estate


ERASMUS BRIDGE ROTTERDAM
Drafting the consortium contract, supervising the combination with regard to the disputes that have arisen about more-less work, the delay in the supply of the bridge elements, as well as advising on strikes.
 
TOWN HALL THE HAGUE
Overall supervision of the contractor in the realization of the city hall in The Hague. Advice with regard to contract formation, additional/less work, delivery, settlement of claims for damages and the like.

MUNICIPALITY OF THE HAGUE/RANDSTAD RAIL
Boot Advocaten assisted the Municipality of The Hague in the realization of the Randstad Rail, with regard to awarding, contract variations, delays and delivery issues. In addition, the tender was not allowed to jeopardize the (tight) planning, which was achieved through good cooperation with specifiers, contractors and various services.

MUNICIPALITY OF ZANDVOORT/PROJECT MIDDENBOULEVARD
Boot Advocaten advises the municipality on all legal aspects that have been discussed during the development of the project and that are relevant to the project, more specifically the conclusion of further agreements and the execution of land transactions with various (market) parties. 290 homes will be realized in the area, as well as 7,895 GFA for retail, 1,100-4,300 m² of hotel space and 53,100 m² for functions in the field of catering and tourism.
 
PIET HEINTUNNEL AMSTERDAM
Advice with regard to the contracts on the realization, the explanation of the specifications, delays in the work, bankruptcy of subcontractors and delivery problems.

ZURICH TOWER THE HAGUE
Overall supervision of the subcontractor in the realization of the Zurich Tower in The Hague. Drafting contracts and advising with regard to management, additional/less work, delivery issues, settlement of claims for damages, etc.

ROTTERDAM/THE VERANDA
Overall supervision of the construction consortium in the realization of 240 apartments in Rotterdam, drawing up contracts and advising on the handling of additional/less work, delivery issues, insurance issues and arbitration procedures.

PPS NATIONAL MILITARY MUSEUM SOESTERBERG
Advising the contractor on the contracts for the new Defense Museum that will be located at the airfield in Soesterberg.

PORT CITY I, ROTTERDAM
Boot Advocaten assisted the contractor in the construction of Port City I, consisting of 7,650 m² of office space. It is an energy-efficient building with an A label, located on a filled-in part of the Waalhaven in Rotterdam.

NUON EEMSHAVEN
Boot Advocaten supervised the discussions between the parties and drew up the contracts for this complex project. For a new power plant in Eemshaven. This power station is based on the so-called multi-fuel concept. This is a concept in which several types of fuels such as gas, biomass and coal can be used. This plant will serve as a model for the new generation of power plants. Mitsubishi Heavy Industries Ltd. will supply the turbines.

UTRECHT CITY OFFICE
Boot Advocaten advised the builder of the steel construction of the new City Office in the center of Utrecht on the contract formation and implementation.
 
MUNICIPALITY OF ZANDVOORT/LOUIS DAVIDSCARRÉ
Boot Advocaten supervised the tender of  the area development. It concerned  the design and realization of a public underground parking garage with buildings and layout of public spaces. The buildings comprise a Community School with educational functions of a public and a special primary school with an extra classroom, a children's centre, two playgroups, a public library, Zandvoort care desk, socio-cultural areas, a sports hall, various communal areas and the layout of (semi-)public space on the parking roof. In addition to commercial spaces, approximately 170 owner-occupied and rental homes are being built in various market segments.

Boot Advocaten also advised on the parallel tender for the realization and management of the alternative energy supply. The activities  consisted of drawing up selection and award guidelines, drawing up a DB (F)M agreement, assessing the tenders, motivating the rejection letters, advising on the bankruptcy of the energy supplier, as well as advising on administrative law issues, including  environmental permit, withdrawal permit, etc.

SOUND INSULATION PROJECT SCHIPHOL PHASE 2 (GIS II)
KLM and Schiphol Airport had a conflict with the Ministry of Transport, Public Works and Water Management about the costs of the Sound Insulation Project Schiphol GIS II and GIS III. Boot Advocaten provided legal assistance to KLM and Schiphol Airport in this matter. The GIS project included the insulation of approximately 14,000 homes around Schiphol in order to reduce noise nuisance. Rijkswaterstaat passed on the costs of this project to the airlines. The Airport Schiphol NV handled the administrative settlement of the charges imposed on them. The project was hit by major delays and massive cost overruns. So until then, only approx. 7,700 homes were insulated and the costs of GIS II rose from 180 million euros to 396 million euros in the period 1995-2003.
The most important achievements in this case are that Boot Advocaten, in collaboration with technical experts, produced a report in three months' time, revealing the causes of the cost increases. Based on the report by Boot Advocaten, former State Secretary Melanie Schultz ordered the Netherlands Court of Audit to conduct an investigation. Boot Advocaten then assisted Schiphol Airport in drafting comments on the draft memorandum of findings and the draft final report GIS II of the Court of Audit.
 
One of the conclusions of Boot Advocaten's report was that the government acted contrary to European procurement rules and entered into new contracts with contractors and consultants, resulting in a large part of the cost increase. The legal services also consisted of drawing up and elaborating models for possible public-private partnerships between the government and the aviation sector. Boot Advocaten's advice contributed greatly to the fact that the State has now reduced the bill for the sector by 110 million euros. There is also a proposed amendment to Article 77 of the Aviation Act, which should still provide a legal basis.
 
MUNICIPALITY OF THE HAGUE/BABYLON
Boot Advocaten assisted the municipality of The Hague in a dispute about the Babylon complex and the construction of the underground parking garage.
 
MARKET HAL ROTTERDAM BV
Boot Advocaten advised developer Vesteda on the contracting for the Markthallen project in Rotterdam. The commercial part of the planned market hall in the center of Rotterdam consists of a covered market floor with 100 fresh produce units, 4,600 m² for food-related shops and 1,800 m² for Albert Heijn, Gall en Gall and Etos.
 
NITROGEN BUFFER HEILIGERLEE
Boot Advocaten drew up an EPC contract, based on FIDIC Silver Book, for the engineering and realization of an important part of the Heiligerlee nitrogen buffer project. The Joint Venture required for this was selected on the basis of a European tendering procedure. Boot Advocaten supervised the registration, contracting and provided contract management. The project involves the production and storage of gaseous nitrogen in an (existing) salt cavern. In a mixing station, the nitrogen extracted from the cavern is mixed with high-calorific gas to produce gas that is suitable for Dutch households. The cavern serves as a buffer storage.

ARUP – VARIOUS PROJECTS
Arup is one of the world's largest engineering and design firms. It operates in more than 160 countries and is headquartered in London. The Dutch branch of Arup is assisted by Boot Advocaten in drawing up contracts for various projects, which also provide litigation assistance. For example, Arup is involved in the construction of the Stedelijk Museum, the construction of the Marine Etablissement Amsterdam (next to the Maritime Museum) and the construction of the ROC in Leiden.

INNOVATION CENTER NIJMEGEN
Boot Advocaten has drawn up the contracts for the design of Heinz's new international Innovation Center in Nijmegen.

SPARKASSEBANK KREFELD
Advising on the contracts for the design of the new headquarters of the Sparkasse bank in Germany.
 
TRAFFIC SCHOOL
Boot Advocaten represents a traffic school in proceedings against the refusal of all applications for an environmental permit for the site with buildings and roads. In particular, it concerns the applications of the regulations with regard to external safety.

LEASE CONDITIONS VACANT OFFICE PROPERTY
Boot Advocaten initiated court proceedings against the municipality of Amsterdam about ground lease conditions that stand in the way of the sale of an empty office building. The client is the bank that provided the mortgage for the property. 
 
MUNICIPALITY OF EEMNES/SOUTH POLDER PROJECT
Boot Advocaten assisted the municipality in the tender for a large-scale PPP area development of 38 hectares in the Zuidpolder planning area in Eemnes. In the area, 500 homes, 4 hectares of industrial estate, approximately 3,500 m² of facilities (school with reception and care facilities) and a green buffer zone will be realized.
The land is owned by the municipality, as well as by project developers and private individuals. In order to centralize these fragmented land holdings, Boot Advocaten supervised the necessary land transactions.
 
AMSTERDAM MUNICIPAL TRANSPORT COMPANY/MULTI-YEAR REPLACEMENT PLAN
On behalf of the Amsterdam Municipal Transport Company, Boot Advocaten is involved in supervising the implementation of the Long-Term Replacement Plan consisting of the renewal of tracks, switches, crossings, telecommunications and energy supply on the Amsterdam metro track. This project not only requires specific knowledge of procurement and construction law, but also specific knowledge of points, point machines, etc.
 
PROJECT ORANJEBUURT SASSENHEIM
For years, Boot Advocaten has been acting as an advisor to De Vooringang (housing corporation) in the development and realization of the Oranjebuurt in Sassenheim (approx. 250 owner-occupied and rental homes). The Oranjebuurt project in Sassenheim has been designated as the exemplary project in the housing corporation sector by the Minister of Housing, Spatial Planning and the Environment. Boot Advocaten set up and successfully executed the tendering procedure for this prestigious project development and drew up the necessary legal and tax integrated agreements.

STERRENBERG ESTATE
Boot Advocaten advises on project development and transactions for the Sterrenberg estate. The Mitros Foundation is building a total of 112 homes on the Sterrenberg.

PROJECT SASSEMBOURG
Boot Advocaten advises and assists Woonstichting de Vooruitgang in the tendering and contracting of the Sassembourg project. This residential care project consists of the realization of 91 rental and owner-occupied homes, a parking garage and the construction and/or operation of the ATES. Heat and cold are supplied by a thermal storage system. Boot Advocaten supervised the tender and drew up the DBFMO contracts in which both the realization of the ATES and the operation for a period of 30 years were properly arranged. 

TOWN OF BOLSWARD/SCHOOL LOCATIONS
The overall legal guidance of the municipality of Bolsward in the development of three school locations. Also in redevelopment, supermarket, and housing.
 
MUNICIPALITY OF GOIRLE BOSKENS/PROJECT BEENS GROUP
Boot Advocaten advises the municipality of Goirle on the contracts for the realization of a housing project, including the realization of thirty homes on the edge of a surf lake in Goirle.
 
MUNICIPALITY OF HAARLEMMERMEER/PROJECT PARK 20/20
Boot Advocaten is assisting the municipality with the tender for the Park 20/20 project. This will be an innovative, ecological and sustainable office park in Hoofddorp. The application of recyclable building materials, the application of solar and wind energy, water purification and energy from waste and advanced technology using heat and cold storage form a solid basis at Park 20/20, whereby the most optimal solutions are continuously sought within the framework. of corporate social responsibility.
 
MUNICIPALITY OF HAARLEMMERMEER/CULTURE CENTER HOOFDDORP
Boot Advocaten integrated contracting and tendering with the construction process on this project through close cooperation with construction consultants who also contributed to further cost control.
The 'Culture Center Hoofddorp' project concerns the engineering and realization at various locations of Schouwburg de Meerse, Pier K (center for arts education), Center for Pop and Youth Culture (in development), public library, cultural café and finally joint facilities (passage).

MUNICIPALITY ROOSENDAAL
Shaping a public-private partnership between the municipality of Roosendaal and a combination of three project developers for the new construction of owner-occupied and rental homes.

MINISTRY OF DEFENSE/MOKBAAI TEXEL
Settling the arbitration between the Ministry of Defense and a large dredging company regarding the award of the dredging of the Mokbaai in Texel.

MUNICIPALITY SCHIPLUIDEN/A4
Advising on tenders for the A4 in the municipality of Schipluiden.
 
MUNICIPALITY OF AMSTERDAM/DE OMVAL
Overall supervision of the municipality in the realization of de Omval near the Rembrandt Tower in Amsterdam, a housing project. 
 
MUSEUM THE HERMITAGE AMSTERDAM
Boot Advocaten assisted the Hermitage aan de Amstel Foundation with the legal aspects regarding the establishment of the museum with exhibition spaces, the Russian culture centre, a museum shop, the auditorium and the café-restaurant Neva.
 
LIBRARY GROUP LEK & IJssel
Boot Advocaten advises the Lek & IJssel library group on contracts for the purchase and renovation of various projects. This group consists of libraries from Houten, Houten-Zuid, Vianen, Benschop and IJsselstein.
 
PROJECT LEIDEN
Boot Advocaten advises and assists De Raad Bouwontwikkeling in a dispute with the municipality of Leiden. The dispute concerns a project in which 1,420 m² of office space and 5,615 m² of industrial space would be realized.

POELZONE WESTLAND
Boot Advocaten assisted Grontmij BV in a joint project of the municipality of Westland, the Delfland Water Board and the development company Ons Nieuwe Westland. The Poelzone project covers an area of 500 ha and represents an investment program of € 125,000,000. Boot Advocaten is involved in advising on the collaboration, among other things, .
 
SENNEMA LOCATION WINSUM
Boot Advocaten represented developer Montagne in court in a dispute with the municipality regarding valuation discussions, purchase and contracting regarding the development of the Sennema location; a project in the center of the municipality of Winsum. The municipality stated that it no longer had to comply with the agreement due to a violation of European law. Granting a building claim, land exchange, covering an unprofitable top and granting Dubo subsidies would constitute prohibited state aid and would be contrary to the procurement rules. The purchase of the parking garage would also not be based on market prices.

Boot Advocaten convinced the Court of Leeuwarden that there was no state aid. Due to the thorough calculations of Boot Advocaten, the municipality was unable to prove that it was right. The difference between winning and losing was made because Boot Advocaten also immersed itself substantively in the technology and in the figures. The ruling is now important case law for municipalities and developers, because the Court clearly indicates how it thinks about state aid and who the burden of proof lies with.
Court Leeuwarden: LJN: BW6167, May 15, 2012 concerning Montagne / municipality of Winsum.


PIET HEIN BUILDINGS AMSTERDAM
Boot Advocaten assisted the owner of the Piet Hein Buildings in a dispute with the municipality about the purchase of land for the new building of the head office of an energy company.

PLAN JAAGPAD EAST CANAL BANK ALKMAAR
Boot Advocaten assists and advises PRN, a project developer with a large land position along the North Holland Canal in Alkmaar. On behalf of the developer, Boot Advocaten conducts the negotiations and discussions with the municipality and other parties involved, focusing on contracting in which various administrative, procurement law, legal and tax aspects play a role.
 
PROPERTY PORTFOLIOS AMSTERDAM
Boot Advocaten represents the investor/property developer in a dispute about the sale of two residential portfolios to an investor.
 
PROJECT SCHINKELPOLDER
Boot Advocaten advises Springflower Holding BV on a number of land transactions related to this project. Boot Advocaten assists Springflower in drawing up various agreements and resolving disputes that arise.

PPO TERREIN LISSE
Boot Advocaten represents the interests of Romeyn project development in the redevelopment of the grounds of the former Agricultural School into a business park and is responsible for the necessary new contracts to enable the development intended by the developer.
 
MELMERPARK/POLDERPOORT KAMPEN 
Boot Advocaten advised and assisted Polderpoort BV and others, both in and out of court. Boot advocaten advised them on the business park to be realized, consisting of large-scale and peripheral retail, hotel and other catering facilities, other commercial facilities, parking and green facilities and associated infrastructure with a size of approximately 8.5 hectares.

ONDERDIJKSERIJSWEG ZWIJNDRECHT
Boot Advocaten assisted project developer AMS in the realization of the cooperation agreement concluded with Bouwfonds for the realization of the Onderdijkseweg project in Zwijndrecht.
 
NIEUWE RHIJNGEEST OEGSTGEEST
Boot Advocaten conducted the negotiations and litigated the land transactions, drew up contracts for cooperation and project development (from self-realization model to construction claim model) and supervised negotiations between developers themselves and with the municipality, during which various administrative, legal and tax issues were reviewed. Boot Advocaten takes care of the necessary land transactions.
 
DRENTSE HOEK THE HAGUE
Boot Advocaten assisted Housing Association Haag Wonen in a dispute about the Drentse Hoek complex (completion 2010), consisting of 107 homes, 2 business premises and 83 parking spaces.

SINT JEROENSWEG SQUARE NOORDWIJK
Boot Advocaten assists the Noordwijk housing association with the tendering, land, realization and purchase agreements for a housing project with approximately 51 homes and an underground parking garage  with approximately 70 parking spaces.
 
PUBLIC AREAS LELYSTAD
Boot Advocaten advises the housing association on the redevelopment in Lelystad based on a public-private framework agreement with the municipality for a term of thirty years. Based on this framework agreement, various large residential areas and public areas of Lelystad (Schouw, Kogge, Punter, etc.) are being completely redeveloped. Asbestos removal from post-war homes is also taking place in one of these neighbourhoods.
 
PROJECT WESTFLANK  HAARLEMMERMEER
Boot Advocaten conducted negotiations with various government authorities and other stakeholders in the planning area on behalf of Woonstichting de Vooruitgang. These negotiations were about the purchase and sale of land holdings, land exploitation, development claims and the strategy to be pursued towards the public authorities based on procurement law and administrative law (zoning procedure and structural vision).

PROJECT STERRENBAD WASSENAAR
Boot Advocaten advises the Wassenaarsche Bouwstichting on the sale and realization of a new construction plan for the location of the former Sterrenbad in Wassenaar. Boot Advocaten supports the foundation in the negotiations with the municipality about the land transaction and the new buildings.

VROONERMEER NORTH
Boot Advocaten advises and assists this Housing Association in land transactions related to the redevelopment of the Vroonermeer-Noord area. The Foundation wants to realize approximately 35 homes.

PROJECT SIDE FIELD
Boot Advocaten advised Volksbelang with the contracting, including the letter of intent and cooperation agreement and the land allocation agreements for 31 homes, 12 care homes and a multifunctional space in the village center of Zijderveld in the municipality of Vianen.
 
HERENSTAETE VOORHOUT
Boot Advocaten advises Timpaan, a socially oriented developer who focuses on the construction of affordable and high-quality homes for starters, seniors, the disabled and people with a care indication about a development on  the site of the former nursing home Agnes on the Voorhoutse Herenstraat.

MFA GORINCHEM
Advising on the most favorable tax and legal structure for cooperation for the multifunctional complex with education, residential and care functions to be realized jointly by the municipality, the housing corporation, the educational institution and the healthcare institutions. Advice on implementation of the tax model for cooperation, advice on plan development, financing and organization, as well as realization and operation. In addition, the sale of the multifunctional new building was supervised.

 

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