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CMS is one of the leaders of construction and procurement law. Our specialists do not only keep themselves and their clients continuously informed about the latest developments in the field of construction and procurement law, but also on developments in the real estate sector. This applies to civil engineering projects such as civil and utility construction and installations.

Both contractors (contractors, developers, consultants and architects) and commissioners (government, municipalities, provinces, etc) count on our construction and procurement law specialists for advice, drafting contracts and resolving construction and contract litigation.

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CMS European Real Es­tate Deal Point Study 2021
The COV­ID-19 pan­dem­ic has left its mark on the European in­vest­ment mar­ket. In­vest­ment volumes were around 23% lower than in the pre­vi­ous year, 2019, with its re­cord per­form­ance. Buy­ers fo­cused primar­ily on prop­er­ties with stable in­come and those only min­im­ally af­fected by the pan­dem­ic. The num­ber of trans­ac­tions in which steps were taken to en­sure the buy­er met its fin­an­cial ob­lig­a­tions was at a re­cord high. The trend to­wards more buy­er-friendly ar­range­ments con­tin­ued. Those are the key find­ings of the CMS European Real Es­tate Deal Point Study 2021.For the latest edi­tion of this sur­vey of the European real es­tate trans­ac­tion mar­ket, in­ter­na­tion­al com­mer­cial law firm CMS sys­tem­at­ic­ally as­sessed and eval­u­ated more than 1,900 real es­tate agree­ments on which it ad­vised in coun­tries across Europe from the be­gin­ning of 2010 to the end of 2020.The key find­ings:In­vestors fo­cus on stable in­comeThe COV­ID-19 pan­dem­ic led to a change in in­vestor in­terest in the in­di­vidu­al as­set classes. Buy­ers fo­cused primar­ily on prop­er­ties with stable in­come and those that were only min­im­ally af­fected by the pan­dem­ic. Lo­gist­ics and res­id­en­tial prop­er­ties were es­pe­cially pop­u­lar.Of­fice real es­tate re­mained the strongest as­set class in Europe, but its share of the mar­ket fell to a re­cord low of 30%. De­mand for re­tail prop­er­ties re­mained at a con­sist­ently low level (15%). Lo­gist­ics real es­tate per­formed par­tic­u­larly well, post­ing a rise to 19% , a new re­cord. The pro­por­tion of in­vest­ment go­ing in­to spe­cial­ist prop­er­ties such as ho­tels fell sig­ni­fic­antly (14%). Res­id­en­tial real es­tate proved pop­u­lar with in­vestors, with its share rising to 22%.Sellers tak­ing steps to en­sure that buy­ers meet their fin­an­cial ob­lig­a­tionsDur­ing the pan­dem­ic, an in­creased need for se­cur­ity on the part of sellers was ap­par­ent. The pro­por­tion of trans­ac­tions in which steps were taken to en­sure the buy­er met its fin­an­cial ob­lig­a­tions rose to a re­cord high of 64%. In pre­vi­ous years, se­cur­ity was agreed in less than 50% of all trans­ac­tions.This high level is due to the in­creased de­sire for se­cur­ity on the part of sellers as a res­ult of the pan­dem­ic; they were of­ten un­cer­tain about the buy­er’s solvency go­ing for­ward. As a means of provid­ing se­cur­ity, both bank guar­an­tees (17%) and a not­ary’s es­crow ac­count (10%) be­came less pop­u­lar. In many cases, in con­trast, the buy­er made an ad­vance pay­ment (29%). In 9% of trans­ac­tions, use was made of sub­mis­sion to im­me­di­ate en­force­ment.Risk al­loc­a­tion in con­tracts: buy­ers catch­ing up in a seller-friendly mar­ket­Buy­ers were able to strengthen their po­s­i­tion fur­ther in 2020 with re­gard to risk al­loc­a­tion in con­tracts. In a mar­ket en­vir­on­ment that re­mained very seller-friendly, they suc­ceeded in ob­tain­ing fa­vour­able con­tract terms more of­ten than in pre­vi­ous years.As part of the war­ranty, guar­an­tees were again agreed more of­ten in fa­vour of buy­ers. The per­cent­age of agree­ments with in­di­vidu­al li­ab­il­ity pro­vi­sions in­creased to 75%. It was com­mon prac­tice to provide for both sub­ject­ive and ob­ject­ive guar­an­tees.The pro­por­tion of deals with seller-friendly lim­its on li­ab­il­ity, such as de min­imis and bas­ket clauses and caps, dropped slightly be­low the pri­or-year level in 2020. The up­ward trend seen over many years in agree­ments aimed at lim­it­ing li­ab­il­ity has thus been curbed some­what, while buy­ers were able to ne­go­ti­ate more fa­vour­able con­tract terms more of­ten than be­fore.Buy­ers also pre­pared ground with re­gard to the con­trac­tu­al pro­vi­sions on lim­it­a­tion peri­ods. An in­creas­ing num­ber of lim­it­a­tion peri­ods from 18 to 24 months were agreed in 2020, while there was a slight fall in the pro­por­tion of short lim­it­a­tion peri­ods of up to 18 months.Na­tion­al in­vestors more prom­in­entIn­t­er­na­tion­al in­vestors had a tough time in 2020. While in­ter­na­tion­al sellers have been re­spons­ible for the ma­jor­ity of deals since 2017, their per­cent­age dropped back down to 43% in 2020, with na­tion­al in­vestors be­com­ing more act­ive. Na­tion­al in­vestors ac­coun­ted for 48% of deals in 2018, while in 2020, 57% of real es­tate in­vest­ments were made by na­tion­al in­vestors.
Con­nec­ted Fu­ture
Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing...
CMS Real Es­tate Glob­al Bro­chure
Glob­al­isa­tion, polit­ic­al tur­bu­lence, changes in urb­an liv­ing pat­terns, in­creased di­git­isa­tion, shift­ing con­sumer be­ha­viour and flex­ible work­ing are just some of the is­sues that are trans­form­ing the de­mands...


CMS ad­vised Korean in­vestor Mi­das on ac­quis­i­tion and fin­an­cing Za­lando...
We ad­vised South Korean in­vestor Mi­das In­ter­na­tion­al As­set Man­age­ment Ltd. on the ac­quis­i­tion and fin­an­cing of the newly con­struc­ted Za­lando e-ful­fill­ment cen­ter in Bleiswijk from USAA Realco Europe and...
Guide to Con­tract Al­li­an­cing in Con­struc­tion
Over the last dec­ades, con­struc­tion pro­jects have con­tinu­ally be­come much more dy­nam­ic in nature, largely due to the in­creas­ing com­plex­ity and un­cer­tainty of these pro­jects,  along with tight budgets...
Neth­er­lands: Con­struc­tion & En­gin­eer­ing Law 2019
Coun­try con­tri­bu­tion for the pub­lic­a­tion "In­ter­na­tion­al Com­par­at­ive Leg­al Guide to: Con­struc­tion & En­gin­eer­ing Law 2019". The pub­lic­a­tion cov­ers com­mon is­sues in con­struc­tion and en­gin­eer­ing laws and...
CMS The Neth­er­lands Real Es­tate & Con­struc­tion Cap­ab­il­ity State­ment
At CMS, we have a size­able team of over 160 real es­tate part­ners and more that 220 qual­i­fied real es­tate law­yers loc­ated across our 60 of­fices through­out Europe. This en­ables us to act as a one stop shop...
Of­fice con­ver­sions - a work in pro­gress
In many re­gions and cit­ies fa­cing chan­ging demo­graph­ics and a lim­ited sup­ply of con­struct­ible land, con­ver­sion is at­tract­ive. Factor in rent­al in­come dif­fer­en­tials between hous­ing and of­fices, con­struc­tion...
CMS as­sists Qbuzz with suc­cess­ful ap­plic­a­tion for trans­port con­ces­sion
Pub­lic trans­port com­pany Qbuzz B.V. will provide the pub­lic trans­port­a­tion in the city re­gion of Utrecht as of Decem­ber 2013. That is the out­come of a tender is­sued by Re­gion­al Ad­min­is­tra­tion Utrecht...
CMS as­sists Hita­chi in leas­ing its new dis­tri­bu­tion centre
CMS Derks Star Bus­mann as­sisted Hita­chi in de­vel­op­ing the new dis­tri­bu­tion centre for Hita­chi Data Sys­tems in Za­lt­bom­mel. Hita­chi se­lec­ted Kadans Neder­land as the de­veloper of the dis­tri­bu­tion centre...
CMS pan-European study in­to “green” lease clauses: a con­ver­ging patch­work
Lead­ing European leg­al and tax ser­vices pro­vider CMS today launches the CMS e-guide: Study on the use of Green Lease Clauses in Europe, the first pan-European study in­to the ex­ist­ing reg­u­la­tions and mar­ket...
CMS as­sists RWE with con­tract­ing met­eor­o­lo­gic­al masts at see
In the Neth­er­lands, mar­ine con­tract­or Van Oord re­ceived the as­sign­ment (EPCI-con­tract) to build a 100 m high mast in the North Sea, 75 km from the coast in the ´IJmuiden´ off­shore wind re­gion. The mast...
Sem­in­ar on Sus­tain­able Area De­vel­op­ment (in Dutch)
Un­for­tu­nately, it is no longer pos­sible to re­gister for this sem­in­ar. We have reached the max­im­um num­ber of par­ti­cipants. New re­gis­tra­tions will be pos­sible only in case one of the ac­cep­ted par­ti­cipants...
5th Na­tion­al Con­fer­ence PPS in con­struc­tion and in­fra­struc­ture
On Wed­nes­day 25 Novem­ber the Neth­er­lands Con­struc­tion In­sti­tute (NIB) will be or­gan­iz­ing the 5th Na­tion­al Con­fer­ence PPS in con­struc­tion and in­fra­struc­ture.CMS Derks Star Bus­mann is know­ledge part­ner...
New mem­ber of Land­lord and Ten­ant Law team at CMS
The Land­lord and Ten­ant Law team at CMS Derks Star Bus­mann has been joined by a new part­ner, Arnout Schol­ten. Arnout is a rent spe­cial­ist in both busi­ness and res­id­en­tial prop­erty, and is also highly...