Walney 2 OFTO

Molt Wengel is a Danish law firm with
specialists within national and
international construction law.
Walney 2 OFTO Presentation

ABOUT MOLT WENGEL 4
LEGAL PROFILES 6
LEGAL FEES, COSTS & INVOICING 10
SELECTED REFERENCES 12

We believe in cultivating the solutions rather than legal
deadlocks. That is one of the reasons why, we are seen as
the leading law firm in Denmark within construction law.
In the following pages please find additional informa-
tion about our firm, the way we cooperate with our
clients and profiling on some of our legal specialists.

CONTENT



ABOUT CLAIM MANAGEMENT
MOLT WENGEL

Molt Wengel is a Danish law firm with
specialists within national and
international construction law.

MOLT WENGEL is today the largest provider of special- This has given MOLT WENGEL a unique and consid-
ist legal advice to the Danish construction industry. erable insight of how to avoid, mitigate and handle
Our team comprises more than 20 legal specialists. the challenges in complex construction projects.

Our clients include leading players in the Danish and Our advice is always focused on the needs of our
international construction industry, including con- client. We provide strategic guidance to avoid
tractors,privateandpublicemployersandconsultants. potential problems for the project at hand.

AREAS OF SELECTED EXPERTISE RISKS

CONSTRUCTIONS DISPUTES LEGAL PROCEEDINGS

Through our extensive experience, we understand We believe value for our clients is made by
the commercial needs of a contractor and the in- focusing on keeping the construction pro-
ternal processes of a contractor´s organization. cess on track, securing claims and resolv-
ing disputes in an open and honest dialogue.
Cooperation and trust are the key elements of our
relations to our clients. As advisors we are focused Our legal services include expert knowledge
on solutions and keepin the construction on track. on all legal areas necessary to complete con-
struction projects, including, i.a. construction
law, procurement law and environmental law.

FACTS

MOLT WENGEL has four doubled its staff members the last three
years and has been honoured three times in a row by Danish busi-
ness Daily Børsen as leading entrepreneur.
During the last three years, MOLT WENGEL has processed more that
1.440 construction law cases
MOLT WENGEL has offices in Copenhagen, Aarhus and Odense – the
three biggest cities ind Denmark.
MOLT WENGEL has 20 specialists within construction law.



ANDERS
VESTERGAARD BUCH

Partner, lawyer, Ph.D.
Tel. +45 60 35 36 56
Email: [email protected]

For more than 10 years Anders has special- For many years, Anders has regularly provided stra-
ized in construction law, project develop- tegic and organizational advice at management level
ment and PPP. Today Anders is one of the fore- for a number of major private and public developers.
most specialists in these areas of the law. This
naturally includes providing advice on contiguous Anders also has vast experience in strategic and or-
areas of the law, particularly the law of procurement. ganizational advice for developers, contractors and
consultants in conjunction with the construction
Anders takes pride in his thorough knowl- of hotels, hospitals, corporation headquarters etc.
edge and comprehension of the technical, day
to day operation of the construction process. In recent years Anders has provided exten-
sive advice on project and risk management,
This includes understanding and dealing with the and has developed models for simple and ef-
technical, legal and psychological factors, which fective reporting of the progress, financial situ-
lead to crises in so many construction projects. ation and major risks of construction projects.

BACKGROUND

• Anders is a partner in Molt Wengel (2012)
• Master of Law, Aarhus University (2003)
• Ph.D., Aarhus University (2006)
• Entitled to appear before the high court
• Has written a number of books and articles

on topics such as:
• Defects
• Project development
• Winter precautions
• Guarantees

HEIDI
MELCHIORSEN

Lawyer and Partner, LL.M.
TEL: +45 51 56 37 26
E-mail: [email protected]

Heidi has worked on construction projects for many She provided legal advice for the company’s proj-
years. She has a pragmatic and solution-oriented ects which included analysis of tendering and as-
approach to legal issues, which she addresses with a sessing the risks of procurement, preparation and
strongfocusontheclient’sfinancialinterestsandrisks. participation in negotiations of major turnkey and
main construction contracts, as well as thorough
Heidi has extensive experience in the preparation of assessment of the legal basis for claims for pay-
all types of construction contracts and contracts with ment of additional work in many different cases.
technical advisors and suppliers, as well as advising
on disputes related thereto. She has a practical ap- Heidi also provided ongoing legal advice to
proach to legal matters, and in addition to the classic the sites in connection with the projects.
AB/ABR issues, she has great insight into performance  
descriptions, commissioning and insurance issues. Prior to her employment in the construction in-
dustry, Heidi was a lawyer in one of Denmark’s
As well as teaching general construction law, Heidi largest law firms, where she was employed for
has also taught in the legal aspects of project man- many years as an adviser to major builders and
agement and the contractor’s financial and dead- construction companies in virtually all aspects of
line requirements for additional services. She also contract law, as well as large and medium-sized
takes great interest in risk management of projects. arbitration procedures in the Board of Arbitration
for the construction and civil engineering sector.
Previously Heidi has worked as in-house lawyer
at E. Pihl & Son A/S, which was one of the larg-
est contractors in Denmark. In this position she
has been involved in larger international projects.

BACKGROUND

• Heidi is a partner in Molt Wengel (2014)
• Employed lawyer at Molt Wengel (2012-2013)
• Lawyer with E. Pihl & Son A/S (2008-2013)
• Associate and later lawyer at Plesner (1997-2007)
• Master of Laws, University of California at Davis

(2003)
• LLM., University of Aarhus (1997)



LEGAL FEES, COSTS
& INVOICING

We specialize in construction and care about
details and the process. Therefore, our work
is focused right there, where the meeting
between paragraphs and passion becomes
valuable advice for our clients.

We are always open to any requirements If based on hourly rates, the following rates are to be applied as
or wishes that our customers may base rates:
have to our fee model, including fixed
prices for defined parts of the scope of Partner: 3.250 DKK excl. VAT
services, incentive schemes and various Associate: 2.300 - 2.650 DKK excl. VAT
discount and success fee models. Junior associate: 1.350 - 1.850 DKK excl. VAT

External costs including travelling costs are re- Insurance and Liability
imbursed. Invoice will be made on a monthly ba-
sis and all invoices will be detailed and itemized. MOLT WENGELhastakenoutaprofessionalindemnity
insurance and our liability shall be limited to the cov-
Terms of payment are 30 calendar days net from the erage of the insurance. Further information about the
invoice date. indemnity insurance will be provided upon request.

ANDERS
VESTERGAARD BUCH

SELECTED REFERENCES

PROJECT ANHOLT WINDFARM (2010)
LOCATION Denmark
SCOPE OF WORK
Preparation of and negotiations on Construction
ROLE Management. Agreement between DONG and a number of investors.
TYPE OF CONTRACT
Legal counsel to the Employer
EMPLOYER
CLIENT Made to measure Construction Management.
Agreement based on FIDIC Silver Book

DONG

DONG

PROJECT DEVELOPMENT OG HEJRE FIELD
LOCATION
SCOPE OF WORK Danish sector of the North Sea

ROLE Completion of tender documents for the procurement of a number of
TYPE OF CONTRACT construction contracts regarding the development of the Hejre Field,
EMPLOYER including i.a., preparation of contracts for the construction of a 20.000
CLIENT ton production platform and pipelines.

Legal counsel to the Employer

Employer adapted NF 05

DONG

DONG

PROJECT KALVEBOD BRYGGE PPP
LOCATION Copenhagen, Denmark
SCOPE OF WORK Legal and strategic advise to one of four prequalified bidders.
ROLE
Legal counsel to a consortium of Züblin A/S and
TYPE OF CONTRACT Barclay’s Infrastructure Funds
EMPLOYER Employer adapted NF 05
CLIENT DONG
MORE INFORMATION DONG
CEO, Züblin A/S, Jens-Henrik Nicolaisen, tel: +45 5120 4457

PROJECT FEHMARN (2014-)
LOCATION Denmark/Germany
SCOPE OF WORK Legal and strategic and legal counsel to the contractor
ROLE
Comprehensive strategic and legal advice related to
TYPE OF CONTRACT the construction of Fehmarn Tunnel Project
CLIENT
Owner adapted FIDIC
Fehmarn Belt Contractors

PROJECT BELLA SKY COMWELL HOTEL (2008-)
LOCATION Copenhagen, Denmark
SCOPE OF WORK Legal and strategic and legal counsel to the Employer
ROLE
Comprehensive strategic and legal advice related to the construction of
TYPE OF CONTRACT Bella Sky Comwell Hotel with a total budget of more than 1,5 bio. DKK.
EMPLOYER Danish general conditions of contract (ABR89 and AB92)
CLIENT Bella Center A/S
MORE INFORMATION Bella Center A/S
Head of project, Henrik Rossen, tel: +45 6029 6060

PROJECT COPENHAGEN TOWERS II
LOCATION
SCOPE OF WORK Copenhagen, Denmark
ROLE
Legal and strategic and legal counsel to the Employer
TYPE OF CONTRACT
EMPLOYER Comprehensive strategic and legal advice related to the construction of phase
CLIENT II of the Copenhagen Towers project designed by Foster & Partners, including
membership of the project’s steering committee. Phase II includes, i.a., a highrise
building and has a total budget of more than 750 mDKK.

Danish general conditions of contract (ABR89 and AB92)

WTCC II P/S and Copenhagen Towers II P/S (Solstra Capital Partners)

WTCC II P/S and Copenhagen Towers II P/S (Solstra Capital Partners)

PROJECT PPP SLAGELSE HOSPITAL (2014-)
LOCATION Slagelse, Denmark
SCOPE OF WORK Completion of a public tender regarding the procurement of a PPP contract on a
16.000 sqm hospital
ROLE
TYPE OF CONTRACT Legal counsel to the Public Party
EMPLOYER PPP
CLIENT Region Sjælland (Regional authority of Sealand)
MORE INFORMATION Region Sjælland
Head of construction in Region Sealand, Kurt reitz, tel: +45 5787 5309

PROJECT NEW HOSPITAL AND PSYCHIATRIC HOSPITAL BISPEBJERG (2011-13)
LOCATION Copenhagen, Denmark
SCOPE OF WORK
Legal counsel to he Employer related to the procurement and construction of New
ROLE Hospital and Psychiatric Hospital Bispebjerg with a total budget of more than 3 bio.
TYPE OF CONTRACT DKK.
EMPLOYER
CLIENT Legal Counsel to the Employer
MORE INFORMATION
Danish general conditions of contract (ABR89 and AB92)
Regions Hovedstaden – Bispebjerg Hospital (Regional authority of the capital)

Region Hovedstaden – Bispebjerg Hospital

VP Claes Brylle Hallquist, tel: +45 3531 2838

HEIDI
MELCHIORSEN

SELECTED REFERENCES

PROJECT NY NORDHAVNSVEJ, ROAD AND TUNNEL (2014- )
LOCATION Copenhagen, Denmark
SCOPE OF WORK
Advising on construction law regarding the main contract, including the conclusion of an
ROLE additional agreement with Nordhavnsvejkonsortiet I/S (Züblin AG and Züblin A/S).
CLIENT
Legal counsel to Copenhagen Municipality.

Copenhagen Municipality, Engineering and Environment

PROJECT CARLSBERG NEW HEAD QUARTER (2014- )
LOCATION
SCOPE OF WORK Copenhagen, Denmark

ROLE Strategic and legal advise to Carlsberg relating to the preparation of a number of agree-
CLIENT ments on technical consultancy and assistance, commissioning and advising on insur-
ance issues.

Legal counsel to Carlsberg A/S.

Carlsberg A/S

PROJECT COPENHAGEN TOWERS II
LOCATION Copenhagen, Denmark
SCOPE OF WORK Preparation of and negotiations of a number of construction contracts (Tower 2) and
advising on matters relating to technical consultancy and assistance.
ROLE Legal counsel to the Employer
EMPLOYER
CLIENT WTCC II P/S and Copenhagen Towers II P/S (Solstra Capital Partners)

WTCC II P/S and Copenhagen Towers II P/S (Solstra Capital Partners)

PROJECT CARLSBERG BREWHOUSE (2014- )
LOCATION
SCOPE OF WORK Copenhagen, Denmark

ROLE Legal advise on the agreements on technical consultancy and assistance and particularly
the preparation of and negotiations on contract on technical lead consultancy and assis-
CLIENT tance. Strategic and legal advise to Carlsberg Brewhouse on the procurement strategy
and the construction contracts. Advise on insurance issues and management of risks.

Legal and strategic counsel to Carlsberg Brewhouse A/S regarding the complete res-
toration of Carlsberg’s old brewhouse on the basis of a project proposal prepared by
Wilkinson Eyre Architects, UK.

Carlsberg Breweries A/S

PROJECT EXPERIMENTARIUM (2014- )
LOCATION
SCOPE OF WORK Copenhagen, Denmark

ROLE Legal advise in connection with the preparation, negotiation and conclusion of a large
CLIENT construction contract and subsequent legal and strategic advise during the construction
phase.

Legal counsel to contractor

HME Entreprise A/S

PROJECT NEW NORDSJÆLLAND HOSPITAL (2013)
LOCATION Copenhagen, Denmark
SCOPE OF WORK
ROLE Legal advise on a complex contract on technical lead consultancy and assistance

CLIENT Legal advise to a prequalified bidder (BIG, WHR Architects (Texas), Arup) in connection
with the group’s submission of a final offer to the New Nordsjælland Hospital.

BIG, WHR Architects (Texas), Arup

E. PIHL & SON A/S (IN-HOUSE LAWYER)

PROJECT NY NØRREPORT
SCOPE OF WORK
Legal advise on a main contract agreement with Rail Net Denmark, Copenhagen Munici-
pality and DSB, and legal advise on the consortium agreement with Per Aarsleff A/S
and Aarsleff Rail A/S

PROJECT NY NORDHAVNSVEJ
SCOPE OF WORK Legal advise on a main contract agreement in consortium with Züblin AG: Legal and
strategic advise to the project regarding a comprehensive and complex arbitration case
PROJECT regarding payment for additional works.
SCOPE OF WORK
MOTORWAY PROJECTS IN ZEALAND
PROJECT Legal advise to the projects during the tender phases and the subsequent conclusion
SCOPE OF WORK of contracts. Legal advise on construction law matters during the construction phase,
requirements for payment of additional works, extension of time limits and delays, per-
PROJECT formance bonds etc.
SCOPE OF WORK
UN CITY STAGE I AND II
PROJECT Legal advise to the project (the construction of a new headquarter in Denmark for the
SCOPE OF WORK United Nations, designed by 3XN) on two turnkey construction contracts.

PROJECT BREWHOUSE PROJECT
SCOPE OF WORK Legal advise to the project on a main contract, including a separate contract on the
construction pit, with Realdania Byg A/S concerning the construction of the Brewhouse
PROJECT project.
SCOPE OF WORK
HOUSE OF INDUSTRY
PROJECT Legal advise on the turnkey construction contract with The Confederation of Danish
SCOPE OF WORK Industry.

KIRK CAPITAL HQ
Legal advise to the project on a preliminary agreement with Kirk Kapital A/S concerning
the development of a new headquarter in Vejle harbour (phase 1) and on the draft the
construction contract (phase 2).

BESTSELLER
Legal advise on the main contract with Bestseller A/S concerning the construction of new
a headquarter in Aarhus, including the negotiation and conclusion of an agreement for a
complex facade contract.

HELSINGE SCHOOL AND SWIMMING POOL OPS
Legal advise to the project on the participation in the OPS, and on the turnkey construc-
tion contract concluded with the OPS.