Rouven F Bodenheimer

BODENHEIMER

Cologne www.changing-perspectives.legal

rfb@bodenheimer.legal Tel: +49 221 291 90 60

Biography

Dr Bodenheimer is specialised in international construction law. He has advised employers and engineers globally throughout all phases from project inception to claims management. Dr Bodenheimer represents contractors, investors and other stakeholders in arbitration and adjudication proceedings – he is an experienced adjudicator and arbitrator in large infrastructure and industrial plant projects. His experience allows him to offer profound experience where common law and civil law appear to clash.

What do you enjoy most about working as a lawyer in construction disputes?

Foremost I am fascinated by the subject matter. Different to our own profession you can always see the result of the hard work everyone puts in. Further and different to many other sectors, most parties have started with a joint goal they mutually want to pursue: the successful completion of the project. What I like about construction disputes is what most others are turned off by: the often multitude of parties involved and the volume and complexity of most projects. This means one needs to establish and examine at least several legal and commercial relationships, and carefully connect the dots both in terms of how a project develops and what such developments entail. This versatility is what I enjoy the most.

Since you handle disputes across a wide range of sectors, how do you ensure you maintain an in-depth knowledge of the construction sector?

There is a distinction that needs to be drawn: as wide as the range of sectors might be in which I serve as arbitrator, we are as focused when it comes to counsel work. When being appointed as arbitrator the range goes even beyond sectors as I am frequently appointed in matters governed by laws I am not formally admitted to practise in. As counsel we work mainly in two fields: corporate and commercial and construction. Having focused on these areas in the past I am not only able to maintain in-depth knowledge but to allow both sectors to benefit from the experience in the respective other sector. Especially when one handles construction disputes on

To what extent is mediation becoming a more attractive option for clients resolving construction disputes?

Construction disputes often arise when the stake-holders involved do not manage to communicate amongst each other timely and effectively. The most common reasons for construction disputes we see in practice are failure to assess and communicate site conditions correctly, costs accurately and delays timely. Yet, what, without any exception, all the stake-holders wish is to complete the project at their hands as soon and economically as possible. Therefore mediation, whereby the main objective is rather to find solutions to ensure the completion of a project preserving the relationships, and to reach an agreement which is satisfactory to everyone involved on that basis (than handling conflicts in a time-consuming and hostile manner) is becoming more and more attractive. However, what needs to be added is that the specific features of a construction project – long duration and joint interest to complete the project – allow for the implementation of professional project management structures and standing dispute resolution means such as DRBs and DABs. Both reduce the overall number of escalated conflicts already.

What contract preparation steps can clients take to minimise the risk of common construction disputes from occurring?

I have had great experiences with a project approach of partnering. The change of mindset is amazing to observe as well as the reduction of disputes escalating. This is certainly something I would strongly to recommend for dispute avoidance. If that is not possible, it comes to the usual aspects, which are determining the scope of work (including all related design and engineering works), the budgeted costs and a realistic timeline in a farsighted manner by way of unambiguous clauses on parties’ responsibilities and liabilities, as well as effective and cost-efficient dispute resolution mechanisms.

In your experience, how effective are virtual witness examinations compared to their in-person equivalent?

In my experience, virtual witness examinations are sometimes even more effective than in-person ones, as both the witnesses and their examiners are bound by certain time and technical restrictions. In the end, even if there is physical distance in between, thanks to today’s technologies, witnesses can still not escape eye-to-eye exchange, which is, to my mind, the most important “means” for an examination to be effective. The recent past has taught us best practice how to ensure witness examination is not diluted due to the virtuality.

What soft skills would you encourage younger lawyers to develop further?

Flexibility to adapt to sudden changes of circumstances, the understanding that being part of a team is the chance and the obligation to contribute and last but not least: a good portion of humour.

Peers and clients say: “Dr Bodenheimer has vast experience - definitely one of the leading names in Germany in his generation” “He has built up a deep understanding of technical issues and is never shy to engage with technical experts” “I have only praise for Dr Bodenheimer” “He is a very engaged and thoughtful arbitrator”