Those who build for the future

Commercial lawyers are often associated with sharp business attire. Some of our lawyers are nonetheless happiest when wearing boiler suits, helmets and steel-toe boots. They are of course our construction lawyers – those who on a daily basis help building for the future.

Building and construction is one of Norway’s largest industries. BAHR has established a dedicated Construction Group chaired by our Partner Øystein Myre Bremset. BAHR construction revenues have more than doubled in the last five years, and BAHR was rated no. 1 in Norway in the construction category in the Prospera survey for 2018, 2019 and 2020.

– Construction law is specialised contract law in combination with in-depth litigation. Most construction instructions are triggered by disagreement between two contract parties in a construction project concerning some aspect of their contractual relationship, and construction disputes will normally run for weeks or months in court. Dispute resolution is therefore a key part of what we do, explains Bremset. He emphasises that a top-of-the-range construction lawyer needs to be an excellent contract lawyer, but also a strong litigator. In addition, one needs the ability to understand technical issues. One has to be a bit of a «legal engineer».

– Construction projects are characterised by being highly dynamic and involving considerable risk. Risk management is therefore a key focus for construction lawyers. If a developer asks us whether its contract with a contractor that is running way behind schedule can be terminated, we cannot limit ourselves to answering whether the legal conditions for contract termination are met, emphasises Bremset. – The relevant question is whether termination is, all in all, the most appropriate course of action. This is a matter of risk assessment, just as much as legal assessment. Risk assessment must include sitting down with the client’s project management team and analysing what alternative courses of action are available. One will normally realise that there are better alternatives than terminating the contract, despite termination being an

Construction projects are characterised by being highly dynamic and involving considerable risk. Risk management is therefore a key focus for construction lawyers.

available option. Sound construction project advice is based on adequate risk assessments, which need to be underpinned by well-founded risk appreciation.

Bremset mentions his many risk assessment lectures for construction industry players. He draws on his background as a poker player to get his message across. – The essence of a strong poker player is to make robust risk assessments on your own behalf, while the hallmark of a first-rate construction lawyer is to make rational risk assessments on behalf of your clients. Sound risk assessments are at the core of our advice, and our clients greatly appreciate this approach to our construction advice.

The BAHR Construction Group’s project portfolio has in recent years included advising the Norwegian Directorate of Public Construction and Property (Statsbygg) on the construction of the new National Museum – one of Norway’s largest ever construction projects. BAHR

has also advised on the construction of roads, railways, metro lines, tram lines, tunnels, windmills and onshore aquaculture facilities.

Bremset finds it highly rewarding to be involved in the most complex building and construction projects in Norway. – Our construction team includes top-ranked contract law experts, as well as Norway’s only construction lawyer with a doctorate. Moreover, three of our lawyers are admitted to the Supreme Court. We also have talented middle managers who can serve as project managers on many of our projects. We do our utmost to put together a team with complementary skills, in order to provide our clients with the best possible advice, concludes Bremset.

Part of the BAHR Construction Group: (from left)

Halvor Mathisen, Attorney. Jorunn Wessmann Wirkola, Associate. Eirik Wigenstad, Associate. Øystein Myre Bremset, Partner and Head of the Construction Group. Caroline Røkenes, Associate. Sofie Komissar, Attorney.