Dr. Jan-Bertram A. Hillig

Energy Projects: Advice on conventional and renewable energy projects, as well as in the oil and gas industry, in Germany, Austria, Poland, England, Iraq, the UAE and the US.

• Advice to the operator of a pumped-storage power plant in Western Europe on defect claims against a German engineering company following a major damage event; applicable law determined under private international law principles, affecting the limitation period
• US oil and gas industry: advice to a Stuttgart-based engineering company on a due diligence review for a planned acquisition of a US engineering company; analysis of liability risks under two professional services agreements, in cooperation with a US attorney

Production Facilities: Planning and construction of production facilities in the pharmaceutical, food, animal feed and automotive industries in Germany, England, Denmark, the Netherlands, Saudi Arabia and China; contract drafting on the basis of FIDIC and MF/1 forms, as well as supply and installation contracts.

• Drafting of a plant construction contract on an MF/1 basis for a German contractor (porridge oats plant, England, English law); negotiation of liability-related clauses including liquidated damages, liability caps, security package and Brexit-related technical standards
• Pharmaceutical project in Denmark (FIDIC Yellow Book): pursuit of defect claims for corrosion spots in weld seams; advice on allocation of responsibility and limitation issues

Transport Infrastructure: Advice on rail, road, airport and tunnelling projects, as well as urban infrastructure schemes, in Germany, Poland, Luxembourg and Saudi Arabia.

• In-house role at Herrenknecht AG (world market leader for tunnel boring machines); drafting and negotiation of international supply, design and development contracts for projects including Stuttgart 21, Austria, Ireland, the US, Singapore and Australia; contract drafting under Orgalime supply conditions and CISG
• Urban mega-project in Riyadh, Saudi Arabia: advice to an international design consortium on a joint venture agreement based on the FIDIC JV Agreement; coordination of specialist corporate and tax advice

Water Infrastructure: Advice to public employers, German engineering companies and contractors on water supply and wastewater infrastructure projects in Germany, Croatia, Montenegro, Romania and Niger, predominantly in the context of World Bank and KfW-financed development projects.

• Defence against an unfair calling of a performance guarantee by interim injunction on behalf of a Hessian plant contractor (World Bank-financed project, Niger, FIDIC basis); appeal before the Frankfurt Higher Regional Court
• Wastewater treatment plant in Romania (FIDIC Yellow Book): advice to a German plant contractor on an employer-initiated suspension due to alleged defects; legal analysis of defect allegations and corporate advice on the joint venture agreement

Construction Projects Abroad for the Federal Republic of Germany: Advice to German federal authorities and non-profit institutions (incl. BBR and Goethe-Institute) on construction projects in Austria, France, Serbia, Italy, Ireland, Spain and Cyprus; including contract strategy and FIDIC market standing.

• Development of a FIDIC-based model construction contract for the Federal Republic (Goethe-Institute Dublin, Irish law); follow-on mandate: adaptation to Serbian law for the new German Embassy in Belgrade
• Earthquake strengthening of the Goethe-Institute Nicosia (Cyprus): drafting of a specialist professional services agreement for the seismic retrofitting of a historic cultural building, taking into account relevant EN standards

Commercial Real Estate: Advice to project developers, general contractors and real estate service providers on office, retail, hotel and data centre properties in Germany, including on the market entry of Italian and US general contractors.

• Contract drafting and advice during construction for a project developer on the revitalisation of a shopping centre in Berlin; approx. 40 design, specialist design and construction contracts and ancillary agreements, including coordination of public law and notarial matters
• New construction of a corporate headquarters in Frankfurt: involvement in major litigation by a contractor joint venture for additional payment claims (> EUR 100 million in dispute, > 1,000-page statement of claim), including handling of more than 100 interior fit-out variations

Special Buildings: Construction contract advice on projects with particular design, heritage protection or use-related requirements in Germany, England, Luxembourg and Spain.

• Advice to a memorial foundation on defect claims relating to a heritage building of national significance in Berlin; drafting and international service of proceedings against the architect in the US, negotiation of a settlement agreement and advice on design and construction contracts for the refurbishment
• Bespoke lighting system for an art gallery in London: contract drafting for a Berlin-based specialist in architectural metalwork; successful enforcement of outstanding remuneration claims following the threat of adjudication under English law, defence against liquidated damages for delays and drafting of a maintenance agreement

Residential Construction: Contract drafting and advice during construction for domestic and foreign project developers, non-profit foundations and public employers on residential, urban quarter and social infrastructure projects in Germany and England.

• Lead advice to a foreign project developer on the new construction of a high-rise building in Frankfurt; approx. 60 design, specialist design and construction contracts and ancillary agreements, including claims management, litigation for delays and defects, and coordination of the firm’s interdisciplinary advisory team
• Residential project in London: contract drafting for an English project developer with a German modular construction company; drafting and negotiation of an agreement on the early transfer of title to prefabricated bathroom modules and adaptation of an English contract model to German law (acting as German legal counsel to an English law firm)

International Debt Recovery: Enforcement of fee and remuneration claims for Berlin-based construction and design service providers against foreign contractual partners in Luxembourg, Switzerland, Spain, Saudi Arabia and the UAE; focus on international jurisdiction and cross-border enforcement.

• Enforcement of fee claims for a Berlin-based technical due diligence provider against partners in Luxembourg, Saudi Arabia and the UAE; successful use of a European order for payment against the Luxembourg company
• Trade fair and exhibition construction: enforcement of a claim by a Berlin-based company against a Swiss employer; focus on international jurisdiction under the Lugano Convention

• 2022 and 2023: WirtschaftsWoche, Recommended Lawyer with distinction as »TOP Lawyer« in Construction Contract Law

Teaching appointments and regular lectures and training courses on international construction and plant construction contract law for companies, universities and professional associations in Germany and across Europe. Selection:

• Lecturer for FIDIC construction contracts, LL.M. programme Baurecht und Baubegleitung, Philipps-Universität Marburg (since 2015, annual)
• Lecturer for Construction Contract Law, MBA programme Building Sustainability in Urban Futures, TU Berlin (since 2021, annual)
• Training courses on the FIDIC Red, Green, Yellow & Silver Books (2011, 2012, 2016, 2018, 2021, 2022, 2024, 2025)
• Regular lectures on construction, plant construction and international contract law, including on earthquake-resistant construction (German Committee on International Construction Law, Berlin, 2023), supply contracts in mechanical and plant engineering (Weimar, 2021), and alliancing/multi-party contracts (Leipzig and the Schönherr Construction Law Conference, Vienna, 2020)

Publications on construction and plant construction contract law, in particular on cross-border contract structures, FIDIC contracts and international dispute resolution. Selection:

• Hillig/Reiher, “Grenzüberschreitende Bau- und Planerverträge”, in: Messerschmidt/Voit, Privates Baurecht, 5th ed. 2026
• Hillig et al., “Construction Law (Germany)”, in: Legal 500 Comparative Guide, 2022 and 2023
• Hillig et al., “Streiterledigung im internationalen Bau/Anlagenbau – Mechanismen und Möglichkeiten zur Effizienzsteigerung”, BauR 2022, 1594
• Hillig/Beuthan, “Integrierte Projektabwicklung (IPA) mit Mehrparteienverträgen”, BauR 2020, 1110
• Hillig/Wunderwald, “Zur Vollstreckbarkeit von Urteilen und Schiedssprüchen im Ausland”, BauR 2020, 210
• Hillig, “Die neuen FIDIC-Verträge – eine Übersicht”, online publication, ARGE Baurecht im DAV, 2018
• Hillig, “Die Mängelhaftung des Bauunternehmers im deutschen und englischen Recht”, doctoral thesis, 2010

• The Law Society (England & Wales)
• German Committee on Plant Construction, Infrastructure, International Construction Law of the German Bar Association (DAV)