Troels Kjersgaard
Troels Kjersgaard provides advice on all legal aspects of real estate.
Troels specialises in construction law and has extensive experience in advising on various construction matters, including expert surveys.
He has a right of audience before the Danish Supreme Court and was an acting high-court judge at the Danish Eastern High Court in 2022.
Troels is primarily a litigator before the Danish courts and the Danish Building and Construction Arbitration Board. He has conducted a vast number of lawsuits before the courts concerning a wide variety of factors and issues. Arbitration proceedings have been conducted before the Danish Building and Construction Arbitration Board relating to all aspects within construction projects.
Furthermore, he specialises in mortgage debt collection and forced sales for municipalities and mortgage credit institutions as well as in advisory services to purchasers, whether business or private clients, in connection with the purchase of real estate.
- Troels acted for a non-profit housing association in a case before the Danish Supreme Court concerning the justification for termination of a tenancy agreement with immediate effect. The housing association had terminated a tenancy agreement with immediate effect due to a criminal offence in the form of serious violence committed by the tenant's son on the premises of the housing association. The Supreme Court found that the serious violence committed against another resident in the residential area was likely to create a climate of insecurity among residents in the area and constituted breach of such serious nature that the housing association was initially entitled to terminate the tenancy agreement with immediate effect. However, balancing the nature of the breach with the tenant’s circumstances in general, the Supreme Court found that the termination of the tenancy agreement with immediate effect was not proportionate to the breach. As a result, the termination with immediate effect was unjustified.
- Troels acted for the Municipality of Ishøj in proceedings concerning knowledge at the time of construction and defects in a school building. The complex proceedings were pending from 2011 until 2020, when an award was made in favour of the Municipality. Subsequently, Troels also acted for the Municipality of Ishøj when the opponent in the proceedings elected to institute proceedings before the courts regarding the validity of the award. The Municipality was successful in these proceedings as well.
- Troels acted for Danish company Linak, which manufactures actuators, in legal proceedings where the opponent used the actuators in a context entirely different from the one for which they had been developed. The opponent argued that the actuator type was defective, but the Danish Western High Court entered judgment in favour of Linak.
Director, DLA Piper Denmark, since 2023
Acting high-court judge, the Danish Eastern High Court, 2022
Senior Associate, DLA Piper Denmark, 2019-2022
Attorney, DLA Piper Denmark, 2017-2019
Attorney, LETT (DLA Piper Denmark), 2010-2017
Assistant Attorney, LETT (DLA Piper Denmark), 2007-2010