Benjamin (Benny) Sheffer

Co-Managing Partner

"Well regarded for advising operations and maintenance (O&M) managers and EPC contractors"

By The Legal 500 EMEA

Overview

Practice Areas: Administrative Law Judicial Review Arbitration Commercial Litigation Construction and Development Construction and Infrastructure Disputes Dispute Resolution Energy Disputes Global Disputes Land Use and Real Estate Disputes Product Liability & Tort Shareholder Disputes & Derivative Actions Tenders and Government Procurement Disputes

Industries: Infrastructure

Benjamin (Benny) Sheffer is one of the firm’s Co-Managing Partners. Benny specialises in dispute resolution with a strong focus on construction, infrastructure, company law contractual and real estate-related disputes. Benny has extensive experience assisting global and local clients on a wide range of government procurement contracts, infrastructure projects, tenders and civil engineering matters.

He advises clients from tender stage, throughout the project providing advice (including strategic contractual advice during the course of a project) as well as handling dispute management. Benny has substantial experience resolving complex disputes arising out of the construction of infrastructure and energy projects. His experience includes dispute resolution through negotiation, mediation, expert determination, arbitration and court proceedings on a wide range of matters including tenders, construction disputes, cost overruns, disputes over the termination of EPC contracts, disputes over functional performance of project facilities, disputes relating to building and design defects, shareholder disputes and general contractual issues.

Benny’s clients include a broad range of international and domestic contractors, sub-contractors, suppliers, property owners, developers, investors, landlords, tenants and joint venture partners.

Languages: EnglishHebrew

Admissions: Israel Bar, 1998

Education: Bar Ilan University, LL.M. cum laude, (2000)Bar Ilan University, LL.B., (1997)

Experience

Benny’s experience in major construction and national infrastructure projects and tenders, as well as with regard to trustee and shareholder disputes and transactions, includes the representation of:

Solel Boneh Infrastructures, one of Israel’s largest construction companies, in the execution of the Red Line of the Tel Aviv Light Rail Project. Benny provided ongoing advice throughout the Project’s construction and represented Solel Boneh against the Employer in complex arbitration proceedings which carried claim values of hundreds of millions of NIS.
Minrav Engineering and Construction in its successful application against the outcome of a tender issued by Israel Railways. Benny successfully proved to the court that the successful bidder had misrepresented its capabilities to perform the tender requirements in its bid submission. This resulted in the Court disqualifying the initial winner from the tender and awarding the tender, valued at NIS 170 million, to the client.
Minrav Engineering and Construction Ltd. and Sacyr Vallehermoso, S.A in a joint venture BOT agreement in connection with the NIS 1.5 billion construction of a water desalination plant in Ashdod for Mekorot, Israel’s National Water Company. Benny provided ongoing advice throughout the project and managed the provision of professional opinions in the preparation of claims against Mekorot. In addition, Benny represented the JV in an extensive arbitration against Mekorot, and successfully obtained injunctions against the execution of the bank guarantees by Mekorot.
Minrav Engineering & Construction Ltd., in its claims against Israel Railways with regard to disputes arising in the NIS 600 million construction of the tunnels for the new high-speed rail between Tel Aviv and Jerusalem.
Minrav Engineering & Construction Ltd in respect of its execution of the southern segment of the Red Line of the Tel Aviv Light Rail. Benny’s involvement included the preparation of claims and representing the client against the Employer which ultimately resulted in the conclusion of a new contract between Minrav and NTA in terms of which Minrav would receive significant additional remuneration.
Solel Boneh Infrastructures in its claim against Cross-Israel Company with regard to disputes arising in the NIS 250 million construction of new stage of the major Israeli highway near Beer Sheva. The case is still ongoing.
Oron Group in its claims against Israel Railways with regard to disputes arising from the construction of new depot in Beer Sheva worth NIS 180 million. The case is still ongoing.
Magnezi Concrete Ltd., in a class action complaint filed against it in which it was alleged that it had supplied concrete that did not meet the relevant Israel Standard. The claim was dismissed.
Magnezi Infrastructure Ltd. in a successful petition to the Supreme Court to set aside the award of a tender issued by Arim, a government-owned company, for the construction of waste management and recycling facilities in Dimona with an estimated project value of NIS 60 million. This case has now become the leading case regarding the priority between the Accountant General’s guidelines for assessing bids on government procurement contracts and the regulations promulgated under the Tenders Law.
Representation of Y.R.A.V (of the Veridis Group), the largest waste disposal company in Israel, in its application to the District Court of Haifa against the results of very large tender award for the purification of contaminated soil of a military base in northern Israel. Both the District Court and the Supreme Court accepted Y.R.A.V’s position, reversing the outcome of the tender. Subsequently, Benny represented Y.R.A.V in an application against the publication of a new tender for land purification works to be conducted nearby. The District Court of Haifa accepted the application and Y.R.A.V was awarded the work.
Representation of MMM Landfill Enterprises (which belongs to the Taavura Group and the Veridis Group) in legal proceedings against the Israel Lands Administration regarding rights in respect of the Ganei Hadas landfill. The proceedings are still ongoing.
Representation of Minrav Infrastructure in complex disputes with the Be’er Sheva Sewage Corporation regarding financial claims and the corporation’s demand to remove Minrav. The Sewage Corporation’s claim to court was rejected outright, while an arbitration agreement was reached which guaranteed the retention of Minrav’s rights.
Representation of the “Pninat Hameitarim” in complicated proceedings in the Jerusalem District Court and the Tel Aviv Rabbinical Court, against the special trustee of the Etz Chaim Association. In numerous proceedings the special trustee seeks to cancel a real estate transaction in which Pninat Hameitarim acquired real estate in Jerusalem from the Etz Chaim Association on the grounds that the land belong to charity and that the transaction is defective because of various contractual reasons. The case is still ongoing.

Recognition

IFLR1000 2023: Recognized Benjamin Sheffer as a highly regarded lawyer in the Project Development field.
The Legal 500 2023: Benny was ranked as a Leading individual in the field of Infrastructure
IFLR1000 2022: Recognized Benjamin Sheffer as a highly regarded lawyer in the Project Development field.
Legal 500 EMEA 2022: Benny is personally ranked as a ‘Leading Individual’ in the Infrastructure field in Israel- “S. Horowitz & Co. is currently advising on many of the largest transport prjects in development in Israel; Benjamin Sheffer advise on all aspects of infrastructure projects, with an emphasis on contentious work.”
IFLR1000 2019: Recognized Benjamin Sheffer as a highly regarded lawyer in the Project Development field.
IFLR1000 2017: Recognized Benjamin Sheffer as a highly regarded lawyer in the Project Development field.
The Legal 500 EMEA 2013: Recommends Benny for his expertise in Projects and Energy and describes him as “well regarded for advising operations and maintenance (O&M) managers and EPC contractors”.

Other Activities

Benny teaches a course at the Hebrew University in Jerusalem in “The Art of Litigation”.

Benny is responsible for the S. Horowitz & Co. intern program. The firm attracts the cream of graduate students who wish to join this leading Israeli law firm and experience its unique mentorship system of training.