Contracts for work under Dutch law

Published on 27 January 2021 · Last updated 28 October 2026

A contract for work under Dutch law (aanneming van werk) is a contract in which a contractor undertakes to create and deliver a physical work for a price, outside employment (Article 7:750 Dutch Civil Code). If you are a foreign company having something built, installed, assembled or manufactured in the Netherlands, have the contract reviewed against these rules before you sign.

This page is for foreign clients and contractors who need to know whether their agreement is a contract for work, a sale or a contract for services, and what follows from that choice: price, extra work, delivery, defects and termination. For building projects in particular, see our main page on construction contracts in the Netherlands.

What is a contract for work under Dutch law?

A contract for work exists when one party, the contractor, undertakes outside employment to create and deliver a work of a material nature for the client, against a price in money (Article 7:750(1) DCC). If the price is not, or not fully, paid in money, the same rules apply as far as possible (Article 7:750(2)).

Material work means a tangible result. Building a warehouse is the classic case, but installing a production line, rebuilding a machine, painting a factory hall, laying cables or fitting out a shop also qualify. Advice, software services and other intellectual work without a physical result normally fall under the contract for services (Article 7:400 DCC).

How does a contract for work differ from a sale or a contract for services?

The difference lies in the main obligation. In a sale, the seller must deliver a thing (Article 7:1 DCC); in a contract for work, the contractor must make and deliver a work; in a contract for services, the provider performs work without a physical result.

The label matters because each contract has its own default rules. A buyer must notify defects within a reasonable time and has the remedies of the sale rules (Articles 7:17 and 7:23 DCC). A client in a contract for work can terminate at any time against payment (Article 7:764 DCC), a rule that a sale does not have.

Point	Contract for work	Sale of goods	Contract for services
Main obligation	Create and deliver a physical work	Deliver a thing	Perform work without a physical result
Price not fixed	Reasonable price (Art. 7:752)	Price agreed or reasonable price (Art. 7:4)	Agreed fee, otherwise the usual or a reasonable fee (Art. 7:405(2))
Extra work	Only after a timely warning (Art. 7:755)	No specific rule	No specific rule
Termination by the client	At any time, against payment (Art. 7:764)	Only for breach (Art. 6:265)	At any time (Art. 7:408)
Limitation for defects	2 years after protest; 10 or 20 years after delivery (Art. 7:761)	2 years after notice (Art. 7:23(2))	General rules

Where a supplier makes a movable item to your specification, for example a custom machine, the qualification can be sale or contract for work, depending on what the parties mainly agreed. In international trade the Vienna Sales Convention often settles it: a contract for goods still to be manufactured counts as a sale, unless the buyer supplies a substantial part of the materials (Article 3(1) CISG). The Convention does not apply where the preponderant part of the supplier’s obligations consists of labour or services (Article 3(2) CISG). Read more on the sale of goods under Dutch law.

What price does the client pay?

The client pays the agreed price. If no price was set, or only an estimate (richtprijs), the client owes a reasonable price, and an estimate may only be exceeded by more than 10% after a timely warning by the contractor (Article 7:752 DCC).

A fixed price is not always final. If cost-increasing circumstances arise that the contractor could not take into account, the court may adjust the price at the contractor’s request (Article 7:753(1) DCC). The contractor may adjust the price without a court if the increase results from incorrect information supplied by the client (Article 7:753(2)). Both options require the contractor to warn the client as soon as possible that a price increase is needed, so that the client can still terminate or reduce the work (Article 7:753(3)). Contracts often exclude or limit these rules, so check the price clause and any general terms.

When must the client pay for extra work?

A contractor can only charge more for additions or changes that the client wanted if it warned the client in time that the price would go up, unless the client should have understood that itself (Article 7:755 DCC). This rule protects the client and can only be set aside by a standard scheme under Article 6:214 DCC.

In practice, disputes about extra work (meerwerk) are about evidence. Agree in the contract that every change is ordered in writing with a price, and keep minutes of site meetings. Under the UAV 2012, often used in Dutch construction, separate rules apply; see our page on the UAV 2012.

What duties does the contractor have during the work?

The contractor must warn the client of errors in the assignment, and of defects in materials, plans or drawings supplied by the client, insofar as it knew or should have known of them (Article 7:754(1) DCC). For buildings, that warning must be given in writing and unambiguously (Article 7:754(2)).

The contractor may have the work performed by subcontractors under its direction, but remains liable for proper performance of the whole contract (Article 7:751 DCC). Defects caused by materials the contractor chose are for its account (Article 7:760(1) DCC). Defects caused by materials or ground supplied by the client are for the client, unless the contractor breached its duty to warn (Article 7:760(2)).

What happens at delivery and when defects appear?

The work is delivered when the client accepts it. If the client does not inspect and accept or reject the work within a reasonable time after the contractor reports it ready, the client is deemed to have accepted it tacitly (Article 7:758(1) DCC). After delivery the risk passes to the client (Article 7:758(2)).

After delivery the contractor is no longer liable for defects that the client should reasonably have discovered at delivery (Article 7:758(3)). For buildings the contractor remains liable for defects not discovered at delivery, unless they cannot be attributed to it; between businesses this can only be excluded expressly in the contract (Article 7:758(4)). The client must first give the contractor a reasonable opportunity to repair (Article 7:759(1) DCC).

Claims for a defect become time-barred two years after the client protested. In any event they lapse twenty years after delivery for buildings and ten years after delivery for other works (Article 7:761 DCC). Protest in writing as soon as you find a defect, and set a repair period: the two years then start at the end of that period.

How can a contract for work be ended early?

The client may terminate the contract at any time, wholly or partly, but must then pay the full price minus the savings that result for the contractor (Article 7:764 DCC). If it is likely before the delivery date that the work will be late or defective, the court may dissolve the contract (Article 7:756(1) DCC).

The general remedy for breach remains available: dissolution for a failure in performance (Article 6:265 DCC), usually after a notice of default. If the contractor dies or becomes permanently unfit for work, either party may end the contract insofar as it has a reasonable interest in doing so (Article 7:763 DCC). More on the steps is on our page on terminating a construction contract under Dutch law.

Are you about to sign a contract for work with a Dutch contractor or client? Have a Dutch contract lawyer review the contract before the work starts, while price, extra work and delivery can still be agreed.

Which rules apply to a foreign client or contractor?

Without a choice of law, a contract for the provision of services is governed by the law of the country where the provider has its habitual residence (Article 4(1)(b) Rome I Regulation). Dutch contract law applies if the parties chose it or if these rules point to it. A contract for work is usually treated as such a contract, so the contractor’s law then often applies, unless the contract is manifestly more closely connected with another country (Article 4(3)). Read more on choosing Dutch law in international contracts.

Consumer protection is mandatory: for the construction of a home commissioned by a private person, special rules apply (Article 7:765 DCC and following). Between businesses, most rules on contracts for work can be set aside by contract or general terms. If a foreign and a Dutch business contract on general terms, the special rules on unreasonably onerous clauses do not apply because they are not both established in the Netherlands (Article 6:247(2) DCC); only the general test of reasonableness and fairness remains (Article 6:248(2) DCC).

Example: a production line installed in the Netherlands

A German machine builder agrees with a Dutch food producer to build and install a production line in its Utrecht factory for EUR 800,000. The machines are made in Germany; assembly, connection and testing take place in the Netherlands. During assembly, the client asks for an extra packaging station.

If the parties chose Dutch law, the rules on contracts for work apply to the installation (Article 7:750), alongside the rules on sale for the machines (Article 6:215 DCC). The extra station can only be charged if the builder warned in time that it would cost more (Article 7:755). After the builder reports the line ready and the client accepts it, the risk passes to the client (Article 7:758). A defect found later must be reported, after which the two-year limitation runs from the protest (Article 7:761). A clear change-order clause and a written acceptance report prevent most disputes.

Have a dispute with your contractor already? Our page on a dispute with a Dutch contractor sets out the steps, and our construction lawyers in the Netherlands can assess your position.

Frequently asked questions about contracts for work

Is a construction contract a contract for work?

Yes. A construction contract is the most common contract for work under Article 7:750 DCC. The Civil Code adds special rules for buildings, such as the written warning (Article 7:754(2)) and the 20-year long-stop period (Article 7:761(2)).

Can the client cancel a contract for work?

Yes. Under Article 7:764 DCC the client may terminate at any time, but must pay the full price minus the contractor’s savings. Contracts often regulate this compensation in more detail.

Does the contractor have to pay for repairs after delivery?

Only for defects for which it is liable and which the client could not reasonably have discovered at delivery (Article 7:758(3) DCC). For buildings, the contractor is in principle liable for defects not discovered at delivery (Article 7:758(4)).

How much can a contractor exceed an estimate?

By up to 10%. A larger overrun is only allowed if the contractor warned the client in time, so that the client could limit or change the work (Article 7:752(2) DCC).

How long can I claim for a defect in the work?

Two years after you protested to the contractor, and in any event no later than ten years after delivery, or twenty years for buildings (Article 7:761 DCC).

Primary sources

Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.