Construction Lawyer in the Netherlands

Law & More advises clients and contractors on construction contracts and disputes in the Netherlands: additional work, the duty to warn, delivery, defects and termination. We support entrepreneurs, developers and private clients in negotiations, in reviewing contracts and standard conditions, and in proceedings before the civil court and in arbitration, in Dutch and English. The first step is a free introductory meeting in which we review the contract, the conditions and the delivery report.

Clients rate Law & More 9.6 out of 10 on Klantenvertellen, the Dutch review platform (81 reviews, as of October 2026).

What can we help you with?

• drafting or reviewing a construction contract and the standard conditions attached to it;
• an invoice for additional work that you never approved;
• a contractor who did not warn about errors in the design or the instructions;
• defects found at or after delivery, and the contractor's liability;
• delay and penalty clauses;
• terminating a project and the amount the contractor can still claim;
• proceedings before the civil court or the Arbitration Board for the Building Industry.

Which rules govern a construction contract in the Netherlands?

Building projects run on a contract for work (aanneming van werk), governed by Article 7:750 and following of the Dutch Civil Code, almost always combined with a set of standard conditions. Disputes usually turn on who bears the consequences, and that follows from the contract, the warnings given along the way and what was recorded at delivery.

For a client, the questions are usually whether the work meets what was agreed, who pays for additional work, and what can still be claimed once the building is in use. For a contractor, they are whether the instructions were sound, whether a warning was given in time, and whether a claim arrived within the applicable period. The answers are often decided by documents written long before the dispute arose.

Most Dutch construction contracts incorporate the UAV 2012 or, for integrated contracts, the UAV-GC 2005. These sets shift periods, liability and evidence in ways that differ from the Civil Code, and they often designate the Arbitration Board for the Building Industry instead of the civil court. Which conditions apply, and whether they were validly incorporated, is therefore the first thing to establish.

Who pays for additional work, and what is the duty to warn?

A contractor may only charge for additional work if he warned the client in time about the resulting price increase, unless the client should have understood that increase himself (Article 7:755). Under Article 7:754 the contractor must also warn of inaccuracies in the assignment, the design or materials supplied by the client.

The duty to warn applies in so far as the contractor knew or reasonably ought to have known of the inaccuracy. Both obligations are frequently decisive, and both are about what was said at the time, not about what turned out later. Keep minutes of site meetings, e-mails and written instructions: they are usually the evidence that decides the question.

What happens at delivery, and who is liable for defects?

After the work has been accepted, the contractor is in principle discharged from liability for defects that the client ought to have discovered at that moment (Article 7:758). The Quality Assurance for Building Act (Wkb), in force since 1 January 2024, changed that position: the contractor remains liable for defects not discovered at delivery, unless they cannot be attributed to him.

The system of independent quality assurance under the Act currently applies to new-build in the lowest consequence class, such as single-family homes and smaller business premises; renovation work is to follow at a later stage. Whether the stricter liability rule applies to your contract depends on the date and nature of the work, so we check that first.

For a consumer who has a home built, five per cent of the contract sum can be withheld and placed in escrow with the notary (Article 7:768). Under the new regime that amount is released only once the client has confirmed that the outstanding defects have been remedied. Background is in our article on construction defects and liability.

Can the client terminate the contract?

Yes. A client may terminate the contract at any time, also without any breach by the contractor (Article 7:764). The contractor is then entitled to the contract price less the savings resulting from the termination.

What those savings amount to is a recurring point of argument and is worth calculating before notice is given, not after. Termination because of a breach by the contractor follows different rules and requires a careful file, starting with a notice of default. More background is in our articles on Dutch construction law, practical points for builders and contractors and how Dutch construction law compares to international standards.

How does working with Law & More work?

1. Introductory meeting: you send the contract, the conditions and the delivery report, and we discuss where you stand, free of charge.
2. Advice and cost estimate: we assess the applicable rules, the evidence and the risks, and estimate the costs.
3. Negotiation: we set out your position in correspondence and negotiate with the other party, the architect or the insurer.
4. Proceedings or completion: we conduct proceedings before the civil court or in arbitration, or record the settlement in writing.

We also advise international clients and contractors on what Dutch law adds to, or overrides in, the contract they have been asked to sign. For the wider picture, see our guide to real estate law in the Netherlands.

What does a construction lawyer cost?

The introductory meeting is free of charge. After that we work on an hourly basis, and we agree the rate and the expected effort with you in advance.

• Lawyer: 250 to 350 euros per hour, excluding VAT.
• Partner: 300 to 400 euros per hour, excluding VAT.
• One-off advice meeting without further assistance: 300 euros including VAT.

Law & More does not work on legal aid (toevoeging). Legal aid exists through the Legal Aid Board (Raad voor Rechtsbijstand), but we do not work on that basis. External costs such as court fees (griffierecht), arbitration costs and the costs of a technical report are charged separately.

Who handles your case?

Your case is handled by Ruby van Kersbergen. You can read more about their background on our team page.

Which related services may be relevant?

Your question may touch on other areas as well. These pages explain how we can help.

• Tenancy lawyer

Frequently asked questions

The contractor sent an invoice for work I never approved. Do I have to pay?

Not automatically. A contractor may only charge for additional work if he warned you in time about the price increase, unless you should have understood that increase yourself (Article 7:755 of the Dutch Civil Code). What was communicated, and when, decides the question, so collect the e-mails, minutes and instructions.

A defect appeared a year after delivery. Is it too late?

That depends on the regime and on the nature of the defect. Under the ordinary rule the contractor is discharged for defects you ought to have noticed at delivery; hidden defects are a different matter. Since the Quality Assurance for Building Act, the contractor's position is less favourable than it used to be. Report the defect in writing without delay.

Can I simply stop the project?

Yes, a client may terminate at any time under Article 7:764 of the Dutch Civil Code, but the contractor is then entitled to the agreed price less the savings caused by the termination. It is worth working out that figure before you give notice, because it is often the main point of disagreement.

My contract refers to the UAV 2012. Does that change much?

It can change a great deal, including periods, liability and the forum that decides a dispute. The UAV 2012 often designates the Arbitration Board for the Building Industry instead of the civil court. Whether the conditions were validly incorporated is the first question we look at.

Does the Quality Assurance for Building Act apply to my renovation?

The system of independent quality assurance currently applies to new-build in the lowest consequence class; renovation work is scheduled to be brought under it at a later stage. The changes to the contractor's liability in the Civil Code are a separate question, which we assess on the basis of your contract and the date of the work.

In doubt about your position? Tell us about your situation. We will let you know within one working day what your options are. Use our contact form, call +31 40 369 06 80 or e-mail info@lawandmore.nl.

Law & More, Marconilaan 13, 5612 HM Eindhoven (+31 40 369 06 80) and visiting location Pietersbergweg 291, 1105 BM Amsterdam (+31 20 369 71 21). Available Monday to Friday 08:00-22:00, Saturday and Sunday 09:00-17:00.

This page provides general information and does not replace advice on your specific situation.