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Drafting general terms and conditions for contractors involves covering the risks of contracting work one by one: additional work, completion, warranty, payment in installments, right of retention, and liability. A contractor delivers a result on a construction site over which he has only partial control—weather, subsoil, client choices—so the terms must regulate what happens if the work runs over schedule, becomes more expensive, or the client fails to pay. Below are the provisions that truly belong in them, written from the contractor's perspective.
The short answer
- Scope and quotation: to which agreements they apply, validity period of the quotation.
- Additional work: how extra work is ordered and settled.
- Payment in installments: down payment, installment invoices by construction phase, payment term.
- Delivery: when the work has been delivered and the risk passes.
- Warranty: terms and exclusions on workmanship and materials.
- Liability and retention: limitation and security in case of default.
Additional work: the most important provision
Additional work is the biggest source of conflict among contractors. Therefore, stipulate that extra or modified work will only be carried out after an order has been placed (a written agreement or via app is sufficient if you so specify) and that it will be invoiced separately. Include the hourly rate or unit prices at which this will be charged, and that a quotation for additional work may be indicative.
Aligns with Article 7:755 of the Dutch Civil Code: additional work requires an order from the client, but the contractor is not required to warn that the price will increase if the client should have understood this on their own. Also regulate reduced work: what happens to settlement if the client cancels work.
Payment in installments and security
A contractor often finances the work for: materials, subcontractors, and wages. Therefore, arrange a payment flow that runs parallel to the execution:
- Down payment upon order (e.g. 20–30%).
- Installment invoices linked to construction phases (structural work completed, wind and watertight, handover).
- Payment term (e.g. 14 days) with statutory commercial interest and collection costs for late payment.
- Suspension: the right to stop the work if a deadline is not met.
- Retention of title on delivered materials that have not (yet) been accessed.
Add a right of retention : as long as the client has not paid in full, the contractor may keep possession of the work or the keys. For a contractor, this is one of the strongest means of pressure in the event of non-payment.
Delivery and the transition moment
Delivery is the legal turning point: from that moment, the risk transfers to the client and the warranty period begins. Determine what constitutes delivery:
- The work is deemed delivered upon approval, or when the client puts it into use.
- Minor defects that do not impede use do not prevent delivery (in accordance with Art. 7:758 of the Dutch Civil Code).
- Identified defects are included on a handover list and are rectified within a reasonable timeframe.
- After completion, the contractor is no longer liable for visible defects that the client should have noticed.
Warranty and liability
Provide warranties deliberately and with limitations. Distinguish warranty on workmanship ( execution) from warranty on materials (often pass on the manufacturer's warranty, nothing more). Exclude: damage due to normal wear and tear, misuse, work by third parties, or materials supplied by the client.
Limit liability to the contract sum or to the amount paid out by the insurer, and exclude consequential damages (business interruption, lost rent) as much as possible. Note: you may not exclude liability without limit towards consumers — an absolute exclusion is easily unreasonably burdensome and will not hold up.
Other essential clauses
- Force majeure: what happens in the event of extreme weather conditions, delivery problems, or staff illness.
- Planning: delivery dates are target dates, unless a strict deadline has been agreed.
- Subcontracting: the right to outsource parts of the work.
- Complaint period: the period within which the client must report defects.
- Applicable law and competent court (or arbitration via the Council of Arbitration in Construction Disputes).
Honest recommendation
If you exclusively handle small, standard jobs with a short turnaround time and pay immediately upon completion, you do not need an expensive custom set: a solid, up-to-date basic set that you consistently include is sufficient. Terms and conditions for contractors are not text that you simply pluck from the internet and modify yourself — outdated or contradictory clauses do more harm than good.
Engage a lawyer as soon as you work with installment payments, rights of retention, warranties on work and materials, or subcontracting, and certainly if you want to be able to build for both consumers and business clients. It is precisely the liability and warranty clauses that determine whether a single failed project will impact your business or not.
Ready to get started? View the general terms and conditions for contractors, first read what general terms and conditions for contractors are , and consider having general terms and conditions for contractors drafted.
Frequently Asked Questions
The core is covering construction risks: additional work, payment in installments, completion, warranty, right of retention, and liability. Additionally, scope, validity of quotations, force majeure, complaint period, and the competent court or arbitration.
Stipulate that additional work will only be performed after an assignment and invoiced separately at a fixed hourly rate or unit prices. Align with Article 7:755 of the Dutch Civil Code and also regulate reduced scope of work and set-off. This prevents the most common conflicts.
Work with a down payment upon order and installment invoices linked to construction phases (structural work, wind and watertight, completion). Include a payment term, commercial interest, and collection costs, plus the right to suspension in case of late payment.
A right of retention allows you to keep the work or the keys until the client has paid in full. For a contractor, this is one of the strongest means of pressure in the event of non-payment. Include it explicitly in your terms and conditions.
Regulate what constitutes delivery (approval or commissioning), that minor defects do not prevent delivery, and that established defects are recorded on a delivery list. Upon delivery, the risk transfers and the warranty period commences (in accordance with Art. 7:758 of the Dutch Civil Code).
No. You may limit coverage to the contract sum or the insured amount and exclude consequential damage as much as possible. However, towards consumers, an absolute exclusion is quickly considered unreasonably burdensome and will not hold up.
Yes. For consumers, the black and grey lists apply, so provisions may not go as far. For business clients, you may formulate things more strictly. Those serving both sectors are best advised to use two variants or a separate arrangement.
