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Mark Birnage

Work 31 70 5153 764
Pels Rijcken & Droogleever Fortuijn NV

Work Department



Mark specializes in the procurement and contracting of major PPP projects. He has extensive experience in the area of Design, Build, Finance, Maintain & Operate (DBFMO) contracts and other innovative contract forms. Mark regularly acts as lecturer and as speaker at national and international conferences.‎ Mark is a member of the Dutch council of the International Project Finance Association (IPFA).



Within: Construction

Pels Rijcken & Droogleever Fortuijn NV¬†is judged to be 'unique in its knowledge of the special position of the Dutch public sector and its realistic approach to legal issues' and is¬†well known for its track record representing central and regional government agencies.¬†Mark Birnage¬†heads the practice and led the team advising¬†the Municipality of the Hague on the ‚ā¨14m Spuikwartier concert hall construction project which generated a number of disputes. Some of the standout lawyers include Pieter Stuijt, who combines 'a great sense of humour with extensive knowledge of European procurement law' and 'diplomatic' senior associate Diederik Wolters R√ľckert¬†'whose reasoning is impeccable'.¬†Senior associate¬† Lonneke de Graaf¬†'fiercely argues pleadings';¬†Elisa Palm¬†combines 'charm with keen insights into the market';¬†Christina Muntinghe¬†is also a core member of the team.

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Dispute resolution: arbitration

Within: Dispute resolution: arbitration

Pels Rijcken & Droogleever Fortuijn NV is best known for acting for the Dutch state in cross-border arbitration matters, but has recently increased its commercial caseload. Practice head René Kiers primarily represents government bodies in complex arbitration matters regarding infrastructure projects; he, with assistance from associate Michael van Rijckevorsel, is handling a building dispute for the the state of the Netherlands. Mark Birnage and associate Jan-Willem Riedijk are representing the province of Utrecht before the Arbitration Board for the Building Industry in a claim by a contractor for delay and costs concerning a project at the Soesterberg air force base.

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Project finance and PFI

Within: Project finance and PFI

Acting predominantly for government-side clients, Pels Rijcken & Droogleever Fortuijn NV¬†is entrusted with PPP projects in the¬†infrastructure, energy, and accommodation areas. It is credited with 'good¬†knowledge, coupled with much practical experience of DBFM tenders for large infrastructure projects'.¬†Mark Birnage¬†is advising the state of the Netherlands on the ‚ā¨550m Afsluitdijk sea defence PPP, which is the reconstruction of the largest sea defence in the Netherlands. Maarten van Rijn¬†and senior associate Elisa Palm¬†are two of the key practice members.

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Legal Developments in Netherlands

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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