Construction law issues

What we do

Multiple parties are often involved in the construction process. Examples include the contractor, the designer, and the client. Separate contracts must be concluded for the various parties. Industry-specific general terms and conditions are often declared applicable (DNR 2011, UAV 2012, UAV-GC 2005). Should a dispute arise during the execution of the work, we can provide an organization with legal advice. We assist clients in the event that legal proceedings need to be initiated. This can take place in the court, but in some cases also before the Council of Arbitration for Construction Disputes or another dispute resolution committee.

Questions regarding construction law issues? Contact us.

Construction law issues within real estate law

Construction law issues form an important part of real estate law. While real estate law revolves around the ownership, use, and transfer of immovable property, construction law concerns the creation and modification of that property: the building, remodeling, and renovation itself. A dispute between a client and a contractor almost always affects the value and use of the property. Therefore, we never approach construction issues in isolation from our client's broader real estate interests.

The legal basis lies in Title 12 of Book 7 of the Dutch Civil Code (contracts for work), supplemented by the general terms and conditions that parties often declare applicable: the UAV 2012, the UAV-GC 2005 (integrated contracts in which the contractor also designs), and the DNR 2011 (for architects and consultants). The choice between these regulations largely determines who bears which risk.

The construction contract and general terms and conditions

Many construction disputes can be traced back to unclear or unbalanced contracts. We draft and review construction contracts, whether you are the client or the contractor. In doing so, we pay attention to the scope of work, the contract sum, the schedule, the completion, liability, and dispute resolution. We also verify whether the applicable general terms and conditions (UAV 2012, UAV-GC 2005, or DNR 2011) actually match the nature of the project and whether they have been validly agreed upon. A good contract prevents disputes; a bad contract is often the source of them.

Additional work and the duty to warn

A common source of conflict is additional work: extra or modified work that proves necessary during construction. Pursuant to Article 7:755 of the Dutch Civil Code, the contractor can only claim a price increase for additional work if he has notified the client in a timely manner of the necessity of that increase, unless the client should have understood that necessity himself. In addition, the duty to warn under Article 7:754 of the Dutch Civil Code applies: the contractor must warn the client of inaccuracies in the contract, errors in drawings, calculations, or specifications, and of the unsuitability of materials or the subsoil. If the contractor falls short in this regard, it may limit his claim for additional work or lead to liability. We assess whether claims for additional work are justified and whether the statutory duty to warn has been fulfilled.

Delivery and hidden defects

The moment of delivery is legally crucial. Pursuant to Article 7:758 of the Dutch Civil Code, the work passes to the risk of the Client upon acceptance, and the contractor is in principle released from liability for defects that the Client should reasonably have discovered upon delivery. However, the contractor remains liable for hidden defects that were not visible despite close supervision. Under the UAV 2012, specific, shorter time limits apply to this than under the Dutch Civil Code, which underscores the importance of determining which regulation applies.

Moreover, complaints must be made on time. Pursuant to Article 7:761 of the Dutch Civil Code, a legal claim regarding a defect in the completed work lapses two years after the client has protested in this regard. Anyone who complains too late or reports a defect too late may lose their rights. We advise clients on a timely and correct notice of default and assist contractors who are confronted with a complaint that is (too) late.

Liability and damage in construction

When a construction project exhibits defects or damage occurs during execution, various grounds for liability come into play. In the case of an attributable failure to perform the contract, Article 6:74 of the Dutch Civil Code applies. If damage occurs outside the scope of the contract, for example during piling or demolition work resulting in damage to adjacent buildings or pipelines, the unlawful act provisions of Article 6:162 of the Dutch Civil Code come into play. For errors committed by engaged subcontractors or self-employed professionals, the client or main contractor may, under certain circumstances, be liable pursuant to Article 6:171 of the Dutch Civil Code. We map out who is liable for what, including towards insurers, and pursue recourse or recovery if necessary.

Quality Assurance in Construction Act (Wkb)

Since January 1, 2024, the Quality Assurance in Construction Act (Wkb) has been in effect. This act strengthens the position of the client and increases the contractor's responsibility for the quality of their work, among other things through an independent quality assurer and stricter liability and duty to provide information after completion. Additionally, since 2024, technical building requirements have been incorporated into the Building Works and Living Environment Decree (Bbl), as part of the Environment and Planning Act. These changes have implications for contracts, handover files, and liability. We help clients and contractors adapt their agreements and working methods accordingly.

Dispute resolution: court or Arbitration Board

If a construction matter results in legal proceedings, the first question is where these should be conducted. Many construction contracts and general terms and conditions (such as the UAV 2012) contain an arbitration clause assigning disputes to the Council of Arbitration in Construction Disputes, an institution with specialized construction knowledge. If such a clause is absent, the ordinary courts have jurisdiction. We assess which route yields the best result for your case, conduct negotiations, engage mediation where useful, and litigate both in the district court and before the Council of Arbitration.

For whom we work

Our mixed teams of lawyers and in-house counsel assist the entire construction chain: from the international corporation realizing a major development project to the small and medium-sized contractor and the baker on the corner having his premises renovated. Because lawyers and counsel work together, you receive both sharp litigation advice and practical, commercially sound guidance, at a transparent rate. Whether you are a client or a contractor, we help you think about the best outcome, both in and out of the courtroom.

Frequently asked questions about construction law issues

Can the contractor simply charge for additional work?
No. Pursuant to Article 7:755 of the Dutch Civil Code, the contractor may in principle only claim a price increase for additional work if he has warned you in a timely manner of the necessity thereof, unless you should have understood that necessity yourself.

What can I do regarding hidden defects after completion?
The contractor remains liable for defects that you could not reasonably have discovered upon completion. It is important that you file a complaint in writing and on time; if you do so too late, you may lose your rights. Let us assess the time limits (and whether the UAV 2012 applies).

Should my dispute go to court or arbitration?
That depends on your contract. Many construction contracts refer disputes to the Council of Arbitration for Construction Disputes via an arbitration clause. If such a clause is absent, the ordinary court has jurisdiction. We advise you on which route is the strongest.

Do you also help small business owners and private individuals?
Yes. We assist large developers and contractors, as well as small business owners and private individuals facing a construction dispute. From international corporations to the baker on the corner: everyone receives the same expert approach.

Questions about a construction law issue? Contact us without obligation.