Contract Lawyer
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As a contract lawyer in the Netherlands, we draft, review and enforce commercial contracts under Dutch law. We work for businesses and entrepreneurs, Dutch and international, from a single supply agreement to a full set of general terms and conditions. The first step is to send us the contract or the draft, with a short note on what worries you.
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 commercial contracts, such as supply, service and licence agreements;
- reviewing a contract before you sign, with a clear list of risks;
- drafting general terms and conditions and making them apply;
- a counterparty that does not perform, pays late or delivers defective goods;
- terminating or dissolving a contract, including long-term relationships;
- limitation of liability, penalty clauses and force majeure;
- negotiating amendments or a settlement when a contract goes wrong.
What should a commercial contract under Dutch law contain?
A good contract records what each party must deliver, when, at what price and what happens if things go wrong. Under Dutch law a contract can be concluded orally, but a written text avoids disputes about what was agreed.
Key clauses cover the scope of performance, payment terms, liability, intellectual property, confidentiality, duration and termination. Add a choice of law and a forum clause, certainly in cross-border contracts. Between businesses, an agreed payment term may in principle not exceed 60 days (Article 6:119a of the Dutch Civil Code). A longer term is only valid if expressly agreed and not grossly unfair to the creditor. Without an agreed term, payment is due within 30 days. Late payment then entitles the creditor to statutory commercial interest. Our article on essential clauses in commercial contracts goes into more detail.
When do your general terms and conditions apply?
General terms apply if the other party accepted them, usually by a reference in the offer or order confirmation. They must also be made available to the other party before or when the contract is concluded.
If you fail to provide them, the other party can in principle annul onerous clauses (Articles 6:233 and 6:234 of the Dutch Civil Code). In a battle of forms, Article 6:225 gives priority to the terms referred to first, unless the second party explicitly rejects them. For consumers, the law lists clauses that are always or presumed unreasonable. Smaller businesses can sometimes rely on that protection as well. We draft terms that fit your business and check how they are incorporated in practice. See also our article on general terms of purchase for B2B.
What can you do if the other party breaches the contract?
You can claim performance, compensation or dissolution of the contract. In most cases the other party must first be in default, which usually requires a written notice of default (ingebrekestelling) with a reasonable term to perform.
The notice of default is regulated in Article 6:82 of Book 6 of the Dutch Civil Code. It is not needed if a fatal deadline has passed or performance is permanently impossible. Once the counterparty is in default, you can claim damages under Article 6:74. You can also dissolve the contract in whole or in part under Article 6:265, unless the breach is minor. A contractual penalty clause may replace damages; the court can reduce a penalty that is manifestly excessive (Article 6:94).
Act within the limitation periods. A claim for performance of a contract generally becomes time-barred after five years (Article 3:307 of the Dutch Civil Code). The period can be interrupted by a written demand that clearly reserves your right to performance. Read more in our guide on dissolving a contract under Dutch law.
How do you end a long-term contract?
A fixed-term contract normally ends at the agreed date, without early termination unless the contract allows it. A contract for an indefinite period can usually be terminated, but often only with a reasonable notice period.
What is reasonable depends on the duration of the relationship, the dependence of the other party and the investments made. Dutch courts sometimes award compensation if the notice period was too short. Special statutory rules apply to commercial agency and franchise agreements; see our page on cooperation agreements. In exceptional cases, unforeseen circumstances allow a court to amend or dissolve a contract (Article 6:258 of the Dutch Civil Code).
How does working with Law & More work?
- Introductory meeting: we discuss the contract, the relationship and what you want to achieve.
- Advice and cost estimate: we give our view on the risks or your position, with a fixed budget for drafting where possible.
- Approach and negotiation: we draft or amend the text, or send a notice of default and negotiate with the counterparty.
- Proceedings or completion: we finalise the contract or, if needed, start proceedings or summary proceedings.
What does a contract lawyer cost?
Our hourly rate is 250 to 350 euros excluding VAT for a lawyer and 300 to 400 euros excluding VAT for a partner. We agree the rate in advance and can give a budget for drafting or reviewing a contract.
The introductory meeting is free of charge. A one-off advice meeting without further assistance costs 300 euros including VAT. In a dispute, court fees (griffierecht) and bailiff's costs are charged separately. Legal aid via the Legal Aid Board (Raad voor Rechtsbijstand) exists, but we do not work on that basis.
Who handles your case?
Commercial contracts are handled by our corporate lawyers Tom Meevis, founder and managing partner, and Ruby van Kersbergen. You can meet the whole team on our team page.
Frequently asked questions
Why have a contract lawyer review a contract before signing?
Once signed, a contract binds you, and Dutch courts are reluctant to set aside clearly agreed terms between businesses. A contract lawyer identifies one-sided liability clauses, unclear payment terms and missing termination rights before they cost you money. A review is usually a limited, budgeted task. The negotiation that follows is often where the real value lies.
Is an oral agreement valid under Dutch law?
Yes. Most contracts under Dutch law do not require a written form and can be concluded orally or by e-mail. The difficulty is proof: if a dispute arises, you must show what was agreed. Exceptions apply, for example to the purchase of a home by a consumer and to certain employment clauses, which must be in writing.
Do I always need to send a notice of default?
Usually, yes. Under Article 6:82 of the Dutch Civil Code, the debtor is in default after a written notice giving a reasonable term to perform. A notice is not needed if an agreed fatal deadline has passed or performance has become impossible. The same applies if the debtor has said it will not perform. Without default, claims for damages or dissolution often fail.
Can I limit my liability in a contract?
Yes, between businesses limitation clauses are generally valid, for example a cap linked to the contract value or insurance cover. A clause cannot protect you against liability for intent or deliberate recklessness of yourself or your management. In general terms, the clause must also have been properly made available to the other party. Against consumers, stricter rules apply.
When can I dissolve a contract?
You can dissolve a contract if the other party fails to perform and is in default (Article 6:265 of the Dutch Civil Code). The exception is a breach so minor that dissolution is not justified. Dissolution is done by a written statement. Obligations already performed may then have to be undone. Consider the effects on your damages claim before you choose this route.
How long do I have to bring a contract claim?
A claim for performance of a contract generally becomes time-barred after five years. Other limitation periods can apply to specific claims, and contracts sometimes agree shorter periods. You can interrupt the limitation period by sending a clear written demand. Do not wait until the end of the period, as evidence becomes harder to gather.
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.
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