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Newsletter

22 December 2020
In this newsletter you find:
Newsletter Chairman’s Note
Dear Members and Friends of ESCL,

Usually, in these days it seems customary to address all our members with gratitude and some anticipation, thanking them for their great work in our association. In normal years, there are countless activities to report and many honors to pronounce.

This year, as everyone knows, everything is a little different: Corona has had an incredible impact on us in Europe, as well as everywhere else in the world, and has changed our lives massively. We can't see each other in person, and as a result we quickly learned that conversations are also possible on a digital basis. The friendly exchange does not come to a standstill, of course, but it is simply different. 

For this reason, the very well-established annual meeting of ESCL, which was to have taken us to Sofia this year, had to be cancelled. I would like to thank our friends and colleagues in Bulgaria under the leadership of Adriana Spassova for their understanding and at the same time expressed willingness to welcome us again next year in 2021. Hopefully, the pandemic situation will have changed by then and we are looking forward to an exciting meeting in Sofia. Thank you for preparing all this again!

I also want to thank our long-time Chairman, Richard Bailey. Dear Richard, I explicitly thank you for many years of great work at the top of ESCL and for the further development of this important association. You have shaped us and shown the direction. I also want to thank our ESCL Council members, whereby I would like to explicitly thank our Executive Director Evelien Bruggeman who always supports us. Also, many thanks go to our friend Prof. Roberto Panetta, who organized the Summer School and the very successful webinars and who was able to attract many good speakers. This series of webinars has enabled us to attract many participants to the events throughout Europe and beyond. We want to continue to work on this. 
To the other colleagues on the board and to the other friends, I thank you obligingly for the great work that everyone has contributed. Together we want to inspire people again in the new year, despite all the difficulties, for Construction Law in Europe.

Finally, I wish us all a blessed Christmas and a good start into a hopefully healthy and successful new year. Stay healthy, everyone,

best regards from Munich

Bastian Fuchs
ESCL chair
ESCL Webinars 2021
Dear Colleagues, Dear Friends,

The European Society of Construction Law is organizing the ESCL Webinars Program that is an initiative aiming at new interesting online events on specific subjects on construction law that will be delivered to a large audience around the globe by way of webinars that will take place from February 2021.

Such webinars will last 1 hour per each and will be addressed to lawyers, engineers, architects and to any other practitioneer involved in the construction industry.

I would be grateful if you could bring the ESCL Webinars Program to the attention of your associates, colleagues interested in participating to this activity in order to collect any manifestation of interest.

To this end, I would invite you or your colleagues to

1)    Send title and short description of the topic proposed for the ESCL Webinars Program to info@ibr.nl;
2)    Send along with the title and the topic under no. 1, a curriculum vitae of the speaker;

Please note that the application closing date is January 22, 2021.

Hoping for a large participation, I send you warm regards and I wish you a very pleasant Christmas.

Best regards
Roberto Panetta 
German Society for Construction Law: New Chairman / Laudatio Prof. Franke
A significant change happened December 16th, 2020: Horst Franke resigned from his duty as the Chairman of the German Society for Construction Law after fourteen years leading the Society.

His services to construction and public procurement law are manifold and comprehensive. Prof. Franke has dealt with this field of law from almost every conceivable perspective.
Not only as a successful lawyer and arbitrator, but also during his work in the Federal Ministry of Economics as a personal assistant to the former Federal Minister of Economics, Friedrichs, and very early in his remarkable career as Chief Executive Officer of the German Construction Industry Association. This professional curriculum vitae is impressive, it is extremely varied and it underlines his talent. 

But despite these great professional successes, there is something about him, Horst Franke, that is important to be put right at the top: his humanity, his tolerance, his ability to listen and to think critically about his own point of view, the ability to build bridges and to integrate. These qualities distinguish Prof. Franke. Passion for his tasks and joy in his work have carried him, resting was something unbeknown to him.

After studying law in Mainz from 1968 to 1973, Prof. Franke’s professional paths led him to Bonn as a personal assistant to the then Federal Minister of Economics, Friedrichs. Even then, his advice was in demand. At the age of just 36, Prof. Franke was appointed General Manager of the German Construction Industry Association - a position one tends to hold towards the end of a professional career. After ten successful years in the German construction industry, his drive and his quest for new things brought him to the position in which most of our colleagues got to know Prof. Franke, namely as senior partner of the law firm Heiermann Franke Knipp und Partner HFK Rechtsanwälte, which is represented in Frankfurt, but also in other major German cities and in Vienna. Prof Franke also passed on his knowledge for more than 20 years as a Professor of Construction Law and National and EU public procurement law at the University of Wuppertal. Numerous honorary offices and supervisory board mandates fill his remaining time. 

In December 2012, Prof. Franke was awarded the Cross of Merit on Ribbon for his honorary commitment in the field of construction and public procurement law. He has written numerous publications, including an outstanding VOB commentary on construction contract law, construction contract law and construction procedural law, which is published in regular editions. In addition, Prof. Franke published the book "Streitlösung ohne Gericht - Schlichtung, Schiedsgericht und Mediation in Bausachen". In addition, he has written numerous publications on national and international construction law in specialist journals, and has also shed light on construction law topics for non-lawyers in the FAZ. Prof. Franke has lectured for both private and public clients, including the German Bundestag, and has been at the forefront of the development of construction law as an expert witness. He is a co-editor of the journal Baurecht and a member of the advisory board of the journal Vergaberecht.
ESCL Thesis Prize 2021
The ESCL invites all students who submitted their construction law-related Master thesis in the period from the 1st of June 2019 on to the 30th of May 2021 to take part in a paper competition and win the "Master Thesis Prize 2021" of the ESCL.

The first price will be awarded with € 2,500.00 plus the possibility to publish in the International Construction Law Review. The second prize will be awarded with € 1,000.00.

Submission deadline is 30th of May 2021 (before 17.00 h). If interested, please read all submission requirements on the ESCL website. We look forward to receiving interesting theses!

You can also help to promote the ESCL Master Thesis Prize 2021 by sharing our post on LinkedIn.
ESCL Associate Memberships / Friends of the ESCL 
The ESCL is now offering people and organisations an opportunity to join our organisation as Associate Members. An Associate member will receive the newsletter and be invited to the Congress each year as well as receiving notifications of events being hosted by national societies during the year. In order to become an Associate Member we ask for a small annual donation of € 100,- from each individual or corporation to contribute to the administrative costs of running the Society. More details and the registration form for joining the Society is to be found at this link: https://www.escl.org/friends-escl.
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Events

Events organised by the National Societies of Construction Law can be published on the ESCL Website or mentioned in the ESCL Newsletter. Send your events, with short description in English and a link to the event on your website to info@ibr.nl.

If you have any questions please contact:
Dr. E.M. (Evelien) Bruggeman (Secretary of the ESCL)
E. (Ellen) Boomer-van der Ploeg
Dr. M. (Michael) Müller, Bakk. (Member ESCL Council)
Tel.: +31 - (0)70 3245544
E-mail: info@ibr.nl

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