For entrepreneurs who want to legally watertight document their agreements and assert their rights if the other party fails to adhere to the contract.
Contract law governs how agreements are formed, what parties may expect, and what to do if the agreement is breached — from drafting and interpreting contracts to general terms and conditions and non-performance. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally astute.
Lawyers and in-house counsel for contract law in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: drafting contracts, interpretation, general terms and conditions, and breach of contract.Practical specialist legal assistance for entrepreneurs.
Specialist advice on contract law from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in Contract Law
Contract law governs how agreements are formed, what parties may expect, and what to do if the agreement is breached — from drafting and interpreting contracts to general terms and conditions and non-performance. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally astute.
Arbitration
An arbitration clause determines where, how, and in which language your dispute will be settled. Our lawyers and in-house counsel draft watertight clauses and assist you in arbitration proceedings, from international corporations to the baker on the corner.
With our broad expertise in contract law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.
Do you wish to terminate an agreement, or do you disagree with a dissolution? Our lawyers and in-house counsel assess whether you are entitled to dissolve or terminate the agreement and take the appropriate steps – from corporations to the baker on the corner.
Have you suffered damage due to a breach of contract or tort? Our lawyers and in-house counsel help you recover compensation or defend against a claim – from an international corporation to the baker on the corner.
With our broad expertise in contract law, we serve clients in diverse sectors. From SMEs, listed companies, and international enterprises to (semi-)governmental bodies and non-profits. We offer legal advice at all levels, from the boardroom to individual stakeholders. Our services are characterized by high quality, reliability, and in-depth specialization.
In principle, an agreement is not subject to any formal requirements, and the parties determine the content themselves. Our lawyers and in-house counsel help you make good use of that freedom, from international corporations to the baker on the corner, and safeguard the legal boundaries.
Contract law governs how agreements are formed, what parties may expect from one another, and what you can do if the other party fails to adhere to the agreement. An agreement is formed by an offer and the acceptance thereof (Article 6:217 of the Dutch Civil Code) and binds the parties even if the agreement was made orally. Our lawyers and in-house counsel assist both international corporations and the local baker in legally watertight agreements — and in getting out of them where necessary.
Where competitors get bogged down in general promises, we make it concrete: which article of the Civil Code applies, which step you take now, and what it yields for you. Practical and accessible, yet legally sharp.
Drafting a contract: covering what matters
A good contract starts with clear agreements regarding price, delivery, duration, termination, liability, and disputes. We draft agreements tailored to your business—from a simple order confirmation to a multi-year supply relationship. We also handle the exit: how and when the agreement can be terminated, and what happens to ongoing obligations. A well-thought-out contract prevents most disputes later on.
General terms and conditions: only valid if you use them correctly
General terms and conditions (Articles 6:231 to 6:233 of the Dutch Civil Code) are only binding if the other party could reasonably have been aware of them. This means that you must provide your terms and conditions before or at the time of concluding the agreement (Article 6:234 of the Dutch Civil Code); a reference on the invoice afterwards is too late. Furthermore, certain clauses against consumers are voidable based on the black list (Article 6:236 of the Dutch Civil Code) or are presumably unreasonably burdensome based on the grey list (Article 6:237 of the Dutch Civil Code). We draft your general terms and conditions or assess whether they hold up.
Explanation of the contract: the Haviltex standard
The meaning of a contract does not depend solely on the literal text. According to the Haviltex standard, it comes down to the meaning that the parties could reasonably attribute to the provisions in the given circumstances, and to what they could reasonably expect from one another. Additionally, the principles of reasonableness and fairness (Articles 6:248 and 6:2 of the Dutch Civil Code) apply, which can supplement an agreement or, in exceptional cases, set it aside. In the event of a dispute regarding interpretation, we build the case file in such a way that your interpretation carries the strongest evidence.
Defects of will: was the agreement properly concluded?
Sometimes an agreement is challengeable because it was concluded under the influence of a defect of will. In the case of error, the agreement can be annulled if you would not have contracted had you had a correct understanding of the facts (Article 6:228 of the Dutch Civil Code). In the case of fraud, coercion, or abuse of circumstances, Article 3:44 of the Dutch Civil Code applies. We assess whether you can invoke a defect of will — or whether you must instead defend against such a claim by the other party.
Breach of contract: what if the other party fails to honor the agreement?
If your contractual partner fails to fulfill an obligation, this constitutes a breach of contract. In the event of an attributable breach, you are entitled to performance and compensation for damages (Article 6:74 of the Dutch Civil Code). In principle, default requires a notice of default with a reasonable period (Article 6:82 of the Dutch Civil Code), unless default occurs by operation of law (Article 6:83 of the Dutch Civil Code), for example in the case of a fixed deadline. If the breach is sufficiently serious, you may dissolve the agreement in whole or in part (Article 6:265 of the Dutch Civil Code). We will determine the most effective course of action with you: enforcing performance, dissolving the contract, claiming damages, or a combination.
Contract law for SMEs and corporations
The top end of the market often focuses solely on large corporations. Not us: our mixed team of lawyers and in-house counsel assists both international corporations and local entrepreneurs. Whether it concerns a purchase agreement for a sole proprietorship or a multi-year framework agreement between corporations — we work in an accessible manner, without unnecessary jargon, and with a clear path to your goal.
Difference from the law of obligations
If the issue concerns not the agreement itself, but the consequences of breach of contract, a tort, or the calculation of damages in a broader sense, please visit our page on contract law. This page focuses on the contract: drafting, interpreting, performing, and terminating it.
What we help with
From drafting a watertight contract to resolving a dispute regarding performance — our lawyers and legal experts support you in every area of contract law.
Drafting and reviewing contracts (offer and acceptance, Article 6:217 of the Dutch Civil Code)
Drafting and reviewing general terms and conditions (Articles 6:231-6:234 of the Dutch Civil Code)
Interpretation of agreements according to the Haviltex standard
Advice on and defense against defects of will (error, Article 6:228 of the Dutch Civil Code)
Breach of contract: performance, damages and notice of default (Articles 6:74 and 6:82 of the Dutch Civil Code)
Dissolution and termination of agreements (Article 6:265 of the Dutch Civil Code)
Negotiating and renegotiating contracts
Disputes concerning the interpretation or performance of a contract
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You want to conclude an important contract and have it properly recorded
In contract law, your starting position determines the outcome. Before sending a formal notice or terminating the contract, we map out the contract, the general terms and conditions, the correspondence, and the facts. This prevents you from terminating prematurely or acting without a valid notice of default, and allows us to choose the route—performance, damages, termination, or negotiation—that best serves your interests.
Our approach
From question to solution in four steps.
1
Intake
We discuss your situation and your goal, and review the contract, the general terms and conditions, and the correspondence.
2
Analysis
We assess your position against the Civil Code and the agreements, and map out opportunities and risks.
3
Strategy
We choose the route — advice, drafting, negotiating, or litigating — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from drafting a watertight contract to enforcing compliance in court.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Contract Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of contract law. In addition, they have specialized in one or more areas of focus within private law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about contract law
The questions entrepreneurs ask us most often.
Is a verbal agreement legally valid?
Yes. An agreement is formed by offer and acceptance (Article 6:217 of the Dutch Civil Code) and is, in principle, also binding orally. The problem lies in proof: in the event of a dispute, you must be able to demonstrate what was agreed upon. Therefore, we advise always recording important agreements in writing.
When are my general terms and conditions valid?
Your terms and conditions bind the other party only if they could reasonably have been aware of them. You must provide them before or at the time of concluding the agreement (Article 6:234 of the Dutch Civil Code); a subsequent reference on the invoice is too late. Furthermore, the black and grey lists (Articles 6:236 and 6:237 of the Dutch Civil Code) apply to consumers.
What can I do if the other party does not adhere to the contract?
In the event of an attributable breach, you are entitled to performance and compensation (Article 6:74 of the Dutch Civil Code). Often, you must first put the other party in default with a reasonable period of time (Article 6:82 of the Dutch Civil Code). If the breach is serious enough, you may dissolve the agreement (Article 6:265 of the Dutch Civil Code).
Can I get out of a signed contract?
Sometimes it is. If the contract was concluded under duress (Article 6:228 of the Dutch Civil Code) or through fraud, coercion, or abuse of circumstances (Article 3:44 of the Dutch Civil Code), it is voidable. A serious breach by the other party may also give rise to a right to dissolution. We will assess which route has a chance of success in your case.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting and reviewing contracts, and negotiations, an in-house counsel is often sufficient. For court proceedings, a lawyer is mandatory in many cases. We have both in-house and determine together with you what suits best.
Does contract law also apply to small business owners?
Yes. We help both international corporations and the baker on the corner. Especially for smaller businesses, a good contract and clear terms and conditions prevent major and costly problems later on.
Discuss your situation with a contract law specialist.Our contract lawyers and legal experts help both large companies and small business owners move forward. Schedule a meeting and know where you stand within a single session.
