Drafting general terms and conditions for a handyman business: this is what belongs in them

Drafting General Terms and Conditions for a handyman business involves clearly defining six topics: quotation, additional work, materials, warranty, liability, and payment. These are precisely the points where a handyman or small contracting company runs into difficulties in practice. A good set takes into account the difference between private and business clients and remains within mandatory consumer protection laws. Below, we will go through point by point what should be included and which mistakes to avoid.

The short answer

1. Quotation: validity period, what is included, and how the assignment is established.
2. Additional work: extra or modified work will be confirmed in writing and invoiced separately.
3. Material: supplier, risk of price increase and retention of title until payment.
4. Warranty: what you guarantee, for how long, and what is excluded.
5. Liability: a reasonable limitation linked to the invoice amount or insurance.
6. Payment: installments, down payment, default and collection costs — plus a separate consumer section.

Drafting general terms and conditions for a handyman business: where do you start?

Start with your own practice. Do you work primarily for private individuals or for companies? Do you submit materials yourself or does the client? Do you work with deposits? The answers to these questions determine which provisions need to be strictly enforced. A set picked from the internet that does not align with your working methods provides a false sense of security.

Keep two things in mind: mandatory protection rules apply to consumers (Articles 6:236 and 6:237 of the Dutch Civil Code), and your terms and conditions must be provided before or at the time of concluding the agreement. Otherwise, they are voidable, no matter how well written.

Quotation and conclusion

• Validity period. For example, 30 days, so you are not stuck with outdated prices.
• Non-binding nature. Stipulate that the quotation only becomes binding after your confirmation of the order.
• What is included. Explicitly state what is and is not included in the price (disposal, parking costs, inspections).
• Pricing basis. Fixed price or time and materials (hourly rate plus materials); an indication for time and materials.

Additional work — the most important provision

In home improvement and renovation work, the scope of the assignment almost always changes along the way. The clause regarding additional work is therefore your most important article. Stipulate that work outside the original scope of the assignment—extra rooms, different materials, changes at the client's request—will be billed separately, and how you will confirm this (for example, via email or app before execution).

Pay attention to consumer regulations: when dealing with a private individual, you must announce additional work that increases the price in a timely manner and, as far as possible, provide a price indication in advance (Art. 7:755 BW). A provision that regulates this properly holds up; a provision that tacitly charges for unlimited additional work does not.

Material and retention of title

• Delivery. Who purchases and supplies the material, and what happens if the customer purchases it themselves (in which case there is no warranty on that material).
• Price increase. Rule that demonstrable price increases of materials may be passed on, with a limit for consumers.
• Retention of title. Delivered material remains your property until the invoice is paid (Art. 3:92 Dutch Civil Code). Important if the customer fails to pay.
• Risk. When the risk passes on the work, usually upon delivery.

Warranty and delivery

Specify what you guarantee and for how long — for example, a time limit on the work you have performed. Also state what falls outside the warranty: normal wear and tear, improper use, modifications made by the customer, or materials supplied by the customer. Arrange for the handover: how you hand over the work, how complaints are reported within a reasonable timeframe, and that minor defects do not suspend payment.

Important: your own warranty must not undermine a consumer's statutory rights. A private individual always retains their statutory right to workmanship (Art. 7:759 BW), even alongside your warranty.

Liability and payment

• Liability. Limit your liability to the invoice amount or the amount paid out by your insurer, and exclude consequential damages. Towards consumers, this must not amount to a complete exclusion — in that case, the clause fails.
• Payment term. For example, 14 days, with a down payment for larger jobs.
• Default. Statutory interest and collection costs for late payment; for consumers, follow the statutory scale and the fourteen-day notice.
• Suspension. The right to stop work if an installment is not paid.

Common mistakes

A self-employed handyman copied the terms and conditions of a large construction company, including a complete exclusion of liability and a clause regarding additional work without a duty of notification. When a private client complained about water damage, both clauses proved voidable against the consumer. He fell back on statutory law — exactly what he thought he had covered.

Honest recommendation

If you work exclusively for business clients on straightforward projects, a solid basic set and common sense will get you a long way — a lawyer isn't always necessary for that. However, as soon as you work for consumers, deal with down payments and additional work, or undertake major renovations, a custom-drafted, consumer-proof set is well worth the money. That way, you can be certain that your clauses will hold up in the event of a conflict rather than collapsing at the first review.

Read more or arrange immediately: what are general terms and conditions for a handyman business, having general terms and conditions for a handyman business drawn up , and the general terms and conditions for a handyman business.

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