Construction Lawyer in the Netherlands

Building projects in the Netherlands run on a contract for work, governed by article 7:750 and following of the Dutch Civil Code, almost always combined with a set of standard conditions. Disputes rarely turn on whether something went wrong. They turn on who bears the consequences, and that follows from the contract, the warnings given along the way and what was recorded at delivery.

What is at stake

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.

Additional work and the duty to warn

A contractor may only charge for additional work if he warned the client in time about the resulting increase in price, unless the client should have understood that increase himself (article 7:755). The mirror image is the duty to warn of article 7:754: a contractor must point out inaccuracies in the assignment, in the design or in materials supplied by the client, in so far as he knew or reasonably ought to have known of them. Both obligations are frequently decisive and both are about what was said at the time, not about what turned out later.

Delivery and defects

Delivery is the pivot of the contract. 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). For construction falling under the Quality Assurance for Building Act, in force since 1 January 2024, the position is different: there the contractor remains liable for defects that were not discovered at delivery, unless those defects cannot be attributed to him. 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.

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.

Termination by the client

A client may terminate the contract at any time, also without any breach by the contractor (article 7:764). That is not free: 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.

Standard conditions and forum

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.

What we do

We draft and review construction contracts and the conditions attached to them, advise on additional work, delay and penalty clauses, act on defects and liability after delivery, and conduct proceedings before the civil court and in arbitration. We also advise international clients and contractors on what Dutch law adds to, or overrides in, the contract they have been asked to sign.

What it costs

An introductory conversation is free of charge. A single advisory meeting, without further steps, costs 300 euro including VAT. For further work we charge an hourly rate of 250 to 350 euro excluding VAT for a lawyer and 300 to 400 euro excluding VAT for a partner, depending on the complexity of the matter. Law & More does not work on the basis of government-funded legal aid.

Direct contact

Send the contract, the conditions and the delivery report to info@lawandmore.nl and we will tell you where you stand. Our offices are in Eindhoven, with a visiting location in Amsterdam, and we work throughout the Netherlands.

Read more

Background on these subjects can be found in our articles on Dutch construction law, construction defects and liability, practical points for builders and contractors and how Dutch construction law compares to international standards. For the wider picture, see our guide to real estate law in the Netherlands and our real estate lawyers.

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. What was communicated, and when, decides the question.

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, and for work under the Quality Assurance for Building Act the contractor’s position is less favourable than it used to be.

Can I simply stop the project?

Yes, a client may terminate at any time, 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.

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. Whether the conditions were validly incorporated is the first question we look at.

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

At present it does not. The Act applies to new-build in the lowest consequence class; renovation work is scheduled to be brought under it at a later stage.