When we started work on the North/South Line in 2009, the project was facing a major crisis. Due to the subsidence of historic buildings along Vijzelgracht, construction work on the Vijzelgracht and Rokin stations had been halted. One of the key questions at the time was: should we initiate legal proceedings against the contractors involved, or opt for a different strategy?

Collaboration

Collaboration became the guiding principle. Daniel Santurio: “We advised against litigation. This would have led to even more delay, with all the associated damage and costs. It would also have damaged the relationship with the contractors involved, while there was still a long road ahead together. We therefore proposed looking beyond strict legal rights or consequences. In our view, the project organisation and contractor needed to make use of each other’s expertise. This could be achieved, among other things, by revising the existing contract and making new agreements based on far-reaching collaboration with the contractor. A key prerequisite was that the relationship between client and contractor should be as transparent as possible.”

Short lines of communication

This led to a new dynamic, in which the parties no longer worked against each other, but in collaboration with each other. Our lawyers were intensively involved and were frequently present on site in the construction cabin. Close to the work, thus enabling immediate responses to day-to-day developments. Daniel Santurio: “In our conviction, you cannot advise on a large and complex project such as the North/South Line from a distance. Our advice not only resulted in a relatively swift resumption of excavation works, but also proved to be the best approach for dealing with other setbacks that occurred later.”

Completion contract North/South Line

This cooperation-oriented philosophy became the standard for the other procurements that still had to take place. Daniel Santurio: “For example, we applied the experience gained to the procurement of the extensive completion works for the North/South Line. For this purpose, we drafted an integrated contract, providing design freedom and design responsibility for the contractor.”

The procurement of this Design & Construct contract took place by means of a competitive dialogue. At the time, this form of contracting and procurement was new for the Municipality of Amsterdam. Now it is regularly and successfully applied by the municipality.