For entrepreneurs who see an agreement not honored or who suffer damage and wish to assert their rights.
The law of obligations governs what you may expect from one another if an agreement is not fulfilled or if someone causes you damage — from breach of contract and tort to compensation and the statute of limitations. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally sharp.
Lawyers and in-house counsel specializing in 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: breach of contract, tort, damages, and statute of limitations.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
The law of obligations governs what you may expect from one another if an agreement is not fulfilled or if someone causes you damage — from breach of contract and tort to compensation and the statute of limitations. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally sharp.
(Joint and several) liability
In the case of joint and several liability, the creditor can hold you liable for the entire debt, even if you are only partially involved. Our contract lawyers and in-house counsel assess whether the joint and several liability is legally valid, mount a defense, and secure your right of recourse.
Was your contract entered into under duress, fraud, or abuse of circumstances? If so, it may be voidable. Our lawyers and in-house counsel will assess your position and help you challenge or defend the agreement.
Is an agreement not being fulfilled? Our lawyers and corporate counsel help you properly terminate the agreement and recover your damages, from international corporations to the baker on the corner.
Have you suffered damages due to breach of contract or a tort? Our mixed teams of lawyers and in-house counsel put your liable counterparty in default and recover your damages, from international corporations to the baker on the corner.
Is your contractual partner failing to adhere to the agreements? Our contract lawyers and in-house counsel assist you from notice of default to damages and termination, for both the international group and the entrepreneur around the corner.
The law of obligations governs what parties may expect from one another when an obligation exists between them. An obligation can arise from an agreement, but also directly from the law—for example, from a tort or from unjust enrichment. Whereas contract law revolves around drafting and interpreting agreements, the law of obligations is primarily concerned with what happens if those agreements are not fulfilled or if someone causes you damage outside of a contract.
Our lawyers and in-house counsel assist international corporations as well as the baker around the corner: from an unpaid invoice to a complex damages claim. Practical where possible, tough where necessary.
Breach of contract: failure to perform, failure to perform in a timely manner, or failure to perform properly
In the law, breach of contract is an attributable failure to perform an obligation (Article 6:74 of the Dutch Civil Code). If your counterparty fails to fulfill the agreement, fails to do so on time, or fails to do so properly, and this is attributable to them, you may demand performance, dissolve the agreement, or claim damages — often in combination. A failure to perform is not attributable if there is a case of force majeure (Article 6:75 of the Dutch Civil Code).
In many cases, default is required first for compensation. In the case of an agreement with a fixed deadline, default occurs by operation of law (Article 6:83 of the Dutch Civil Code); if no such deadline exists, you must first put the other party in default in writing, giving them a reasonable period to still perform (Article 6:82 of the Dutch Civil Code). A proper notice of default is often the pivotal point of a case: without default, the right to compensation usually does not arise.
Tort: damage without a contract
If you suffer damage caused by someone with whom you do not have a contract, tort law offers a solution (Article 6:162 of the Dutch Civil Code). Requirements include unlawful conduct, imputability, damage, a causal link between the act and the damage, and relativity: the violated norm must be intended to protect against the damage as you suffer it (Article 6:163 of the Dutch Civil Code). Consider a competitor who unlawfully profits from breach of contract, misleading statements, or property damage. For SME entrepreneurs, this is the path to take regarding unfair competition, directors' liability towards third parties, and supplier liability.
Calculating and limiting damage
The law provides for full compensation of the actual damage suffered: both pecuniary damage and, in the cases specified by law, other disadvantage (Article 6:95 of the Dutch Civil Code). Pecuniary damage comprises incurred loss and lost profits (Article 6:96 of the Dutch Civil Code). The court assesses the damage in the manner most consistent with its nature and may estimate it if it cannot be determined accurately (Article 6:97 of the Dutch Civil Code). If you contributed to the damage yourself, the compensation may be reduced due to your own fault (Article 6:101 of the Dutch Civil Code). Furthermore, you have a duty to mitigate damages. We build the case file in such a way that your damage is substantiated and traceable — this is usually the difference between a claim that holds up and one that fails.
Undue payment and unjust enrichment
If you have paid without legal grounds — for example, a double payment or a transfer to the wrong account number — you can reclaim the amount as an undue payment (Article 6:203 of the Dutch Civil Code). In addition, there is unjust enrichment: whoever has been unjustly enriched at the expense of another must compensate the damage up to the amount of the enrichment (Article 6:212 of the Dutch Civil Code). For entrepreneurs, these concepts are often the route to recovering money that is not based on a contract or breach of contract.
Statute of limitations: don't wait too long
A legal claim for performance or for damages generally lapses after five years (Articles 3:307 and 3:310 of the Dutch Civil Code), calculated in the case of damage from the moment you become aware of both the damage and the liable person. You can interrupt the limitation period with a written demand or notification (Article 3:317 of the Dutch Civil Code), causing a new period to start running. Anyone who waits too long loses an otherwise legitimate claim. We monitor deadlines and interrupt them in a timely manner where necessary.
Assess first, then act
In the event of a dispute, the temptation to send an angry letter immediately is great. However, your starting position determines the outcome. We first map out the facts, the agreements, and the evidentiary position, and then choose the route that best serves your interests: negotiation, a notice of default, a settlement, or legal proceedings. For litigation, we engage a lawyer; for advice, negotiation, and correspondence, an in-house counsel often suffices. We have both in-house.
What we help with
From an unpaid invoice to a complex damages claim — our lawyers and legal experts support you in every area of contract law.
Breach of contract: performance, dissolution and damages (Article 6:74 of the Dutch Civil Code)
Notice of default and correctly recording the default (Articles 6:82 and 6:83 of the Dutch Civil Code)
Tort and liability (Article 6:162 of the Dutch Civil Code)
Assessing, substantiating, and recovering damages (Articles 6:95 to 6:97 of the Dutch Civil Code)
Defense against unjustified claims and reliance on contributory negligence (Article 6:101 of the Dutch Civil Code)
Undue payment and unjust enrichment (Articles 6:203 and 6:212 of the Dutch Civil Code)
Monitoring and interrupting the statute of limitations (Articles 3:310 and 3:317 of the Dutch Civil Code)
Negotiating, settling, and litigating disputes
When do you engage this team?
Often, there has been an underlying issue for some time before it becomes a legal matter. The sooner you involve us, the more options you retain and the stronger your evidentiary position remains. If you recognize any of these situations, seeking advice is advisable.
A supplier or contractor fails to keep the agreement or does so too late
In the law of obligations, your starting position determines the outcome. Before we send a notice of default or initiate proceedings, we map out the facts, the agreements made, and, above all, your evidentiary position. In this way, we choose the route—negotiation, notice of default, a settlement, or the courts—that best serves your interests, rather than taking the first step that might cause you problems later.
Our approach
From question to solution in four steps.
1
Intake
We discuss your situation, the agreements made, and your goal, and review the documents.
2
Analysis
We assess your position against the law, evaluate the evidence, and map out opportunities and risks.
3
Strategy
We choose the route — advice, notice of default, negotiation, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from issuing notices of default and negotiating to litigating 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. Based on his or her specialization(s), each lawyer is part of one or more practice groups. 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 the law of obligations
The questions entrepreneurs ask us most often.
What is the difference between breach of contract and tort?
Breach of contract is an attributable failure to perform an obligation arising from an agreement (Article 6:74 of the Dutch Civil Code): it is based on a contract. A tort (Article 6:162 of the Dutch Civil Code), on the other hand, occurs outside of a contract, for example when a third party causes you damage. Sometimes both legal bases overlap; we assess which route gives you the strongest position.
Do I always have to send a notice of default first?
Often, yes. Default is usually required for compensation, and in the absence of a fixed deadline, this only arises after a written notice of default with a reasonable period (Article 6:82 of the Dutch Civil Code). If a fixed deadline has been agreed upon, default occurs automatically (Article 6:83 of the Dutch Civil Code). An incorrect or missing notice of default is a common mistake that can cost a claim.
Within what timeframe must I claim my damages?
In principle, a claim for compensation lapses five years after you became aware of both the damage and the liable party (Article 3:310 of the Dutch Civil Code), and in any case twenty years after the event. You can interrupt the limitation period by means of a written notice (Article 3:317 of the Dutch Civil Code). Do not wait too long: time limits expire faster than you think.
Can I terminate the agreement in the event of breach of contract?
Yes, in principle, any breach of contract entitles the client to dissolution, unless the breach does not justify this given its minor significance (Article 6:265 of the Dutch Civil Code). Default is usually required for dissolution. You can combine dissolution with a claim for damages. We will assess whether dissolution is advisable in your case, or whether performance or a settlement would yield better results for you.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, assessing your position, a notice of default, and negotiations, an in-house counsel is often sufficient. For court proceedings, a lawyer is mandatory in many cases. Our firm has both in-house, ensuring that we—from the baker on the corner to an international corporation—always assign the right person to your case.
How much does a contract law process cost?
Specialist advice starts from €155 per hour excluding VAT. During the initial consultation, we assess your position and provide an estimate of the opportunities, the approach, and the expected costs, so that you can make an informed decision before investing further.
Discuss your situation with a contract law specialist.Our contract law attorneys 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.
