Do you want to get advice from a contract lawyer in the Netherlands? A lawyer who specializes in drawing up business contracts under Dutch law, assessing a commercial agreement, or assisting your organization with the termination of a cooperation?
Remko Roosjen is specialized in Dutch and international contract law in the Netherlands and is based in Amsterdam. For many years, Remko has been providing national and international companies with the knowledge and expertise they need to be successful.
“The conclusion of a clear and conclusive agreement provides peace and certainty. Once that has been done, entrepreneurs can do what they do best: business. As a lawyer in contract law, I still see too often that parties only raise the ‘legal’ alarm when it is too late. Then there is a dispute, and it has to be explained what the parties meant by an agreement that was not made or worded precisely. That is a real shame. It is better to do this interpretation already when drawing up a contract, never afterwards. I have been drafting national and international contracts for over 13 years. Because of this knowledge and experience, I see where the commercial opportunities lie, but I also know where things usually go wrong. I am happy to share this knowledge with my clients and network. The interests of the client always come first for me”.
DRAWING UP A CONTRACT under Dutch law
Drawing up a contract is a profession in itself. A commercial contract is usually the heart of the cooperation. It is wise to put agreements with your contracting party on paper with the help of a lawyer specialized in contract law. That way, each contracting party knows where they stand, you can assess your contractual opportunities and risks, and you can undertake your business more carefree. Drafting a contact should always be done in a clear and well-formulated way against the background of the latest developments in the law. This is important for good cooperation, but also to prevent a business dispute about a contract as much as possible. Our lawyers in contract law draft a variety of contracts every day for B2B relations in the Netherlands, but also international contracts between internationally operating companies.
Common themes are liability, payment conditions, applicability of general terms and conditions, warranties, intellectual property, times of completion, other reciprocal performances, applicable law, competent courts and the duration, term and end of an agreement. Our lawyers will be happy to advise you on these contractual issues.
CONTRACTS FOR COMPANIES
Our lawyers in contract law are skilled in writing contracts for companies. This often involves subjects with which an entrepreneur is less familiar. This is logical, because you have to be able to focus on your business. For example, should the Vienna Sales Convention (CISG) be declared applicable or not, what about the European rules on contract law, should you take a dispute to a court or to an arbitration institution? How do you deal with unexpected events, under which an unamended contract cannot and may not continue to exist? On all these types of questions you will benefit from an experienced lawyer in contract law who will point out the opportunities and pitfalls. Our team of specialized contract lawyers in Amsterdam will be happy to help you with all your challenges. Drafting contracts for companies is one of our pillars.
CONTACT A CONTRACT LAWYER IN AMSTERDAM
Do you want to consult a lawyer in contract law about the drafting, the termination of a contract, or a dispute about a contract? A lawyer for contract law in Amsterdam, who is active throughout the Netherlands? Possibly a lawyer with an international mindset?
Please feel free to contact Remko with your question about contract law. Remko is happy to discuss your case and what he can do for you as a lawyer in contract law.
TERMINATION OF A CONTRACT under Dutch law
Termination of a contract may be desirable at some point. For example, a contractual performance may not be properly fulfilled and it may be necessary to enforce this in legal proceedings. A lawyer for contract law can advise you on your legal position and the procedure to be chosen. Should an urgent procedure be required, your lawyer may initiate summary proceedings in the civil courts. In these proceedings you can, for example, claim performance, on pain of a contractual penalty. Experience has shown that this can be an extremely effective remedy when a contracting party does not fulfil their obligations under the contract.
Conversely, you can of course also be wrongly addressed on the basis of a contract. If you believe that the other party is being unreasonable, or is not within their rights, it is also important that a lawyer in contract law supports you within a short period of time, advises you on your legal position and also takes the necessary steps to protect your interests.
EXPERIENCED DUTCH LAWYER IN CONTRACT LAW
Remko Roosjen is an experienced Dutch lawyer in contract law with postgraduate training in National and International Contracts at Grotius Academy. Remko is a committed, enthusiastic and experienced lawyer in contract law with a great deal of knowledge of various contracts, including drafting, terminating or conducting proceedings in the civil courts on the following agreements and general terms and conditions:
- general terms and conditions of sale
- general terms and conditions of purchase
- building contracts
- agency agreements under Dutch law
- automation contracts
- mediation agreements penalty clauses
- construction contracts
- distribution agreements
- design and manufacturing agreement
- development agreement
- financing agreements
- franchise agreements under Dutch law
- confidentiality statements
- non-disclosure agreements (NDA)
- rental agreements
- Letters of intent
- IT contract
- Purchase agreement
- letter of intent
- sales contracts
- lease agreements
- loan agreements
- letter of intent (LOI)
- supply agreement
- licence agreements
- management agreements
- maintenance contracts
- OEM contract
- outsourcing contracts
- commission contracts
- pledge agreement
- royalty agreement
- cooperation agreement
- Service Level Agreement (SLA)
- Settlement agreement (VSO)
- sales agreement
- insurance contract
WHAT DOES A COMMERCIAL CONTRACT CONTAIN?
As the subject of a contract becomes more complex, you may come across gaps in your agreements. Has everything been properly thought through? Is a contracting party really failing? How can you terminate a contract in the Netherlands? Should you terminate or dissolve a contract under Dutch law?
Our specialized Dutch contract lawyers in Amsterdam know what should be included in a commercial contract. Our experienced team of specialists has decades of experience in national and international contract law.
The contract first of all specifies the mutual performances and how long the parties will be working together. This may be a contract for a definite or an indefinite period, which may be extended tacitly or explicitly. In particular, the contract contains a risk allocation and who is responsible for what. A force majeure situation can also be specified; we have seen this a lot with business disputes in times of corona, such as late deliveries, trade restrictions and other provisions that had been disrupted in a commercial agreement. Furthermore, our contract law lawyers saw that prices for transport and price increases in raw materials were often not properly contractually sealed. We have also seen more frequent cases at our Dutch law firm in Amsterdam of a product’s compliance with the requirements of conformity, or for example with the essential health and safety requirements (CE marking).
Disputes are never desirable and often the most expeditious solution is preferable. For this reason, our experienced lawyers in Amsterdam will first of all investigate whether urgent proceedings (interlocutory proceedings) are an option. If you anticipate problems with recovery from the party that has caused the damage, we will consider whether a prejudgment attachment is an option. Conversely, it may be the case that you are wrongly confronted with this.
In short, the interpretation of a contract must be complete and sufficiently clear. Agreements that are not clear are a breeding ground for noise and that is exactly what you want to avoid. When drawing up a contract, it is therefore important that an expert contract lawyer draws it up, assesses it and advises on the steps to be taken.
AMENDING A Dutch CONTRACT
Changing a contract can be an option if there are unforeseen circumstances, or if the contract provides for this (6:258 of the Civil Code). An unforeseen circumstance must really be unforeseen and therefore not have been considered in the contract. The requirements of reasonableness and fairness also play an important role here.
LAWYER SPECIALIZED IN DISSOLVING A CONTRACT under Dutch law
Dissolution of a contract is possible under Dutch law if there is a shortcoming in the fulfilment of a contractual performance. Every shortcoming in the performance can be a ground for dissolution, unless it is really unreasonable (i.e., the shortcoming does not justify the dissolution). Sufficient weight must be given to it. Dissolution leads to undoing obligations. In the case of a purchase contract, this means that the goods must be delivered, and the purchase price must be returned. Additionally, it is possible to claim additional damages. Another important factor is whether the other party is in default. A lawyer specialized in contract termination can assist you with this.
Disputes are never desirable and often the most expeditious solution is preferable. For this reason, our experienced lawyers in Amsterdam will first of all investigate whether urgent proceedings (interlocutory proceedings) are an option. If you anticipate problems with recovery from the party that has caused the damage, we will consider whether a prejudgment attachment is an option. Conversely, it may be the case that you are wrongly confronted, in which case we will examine the possibility of defending yourself and whether or not to institute interim relief proceedings or to defend yourself against a claim in civil proceedings.
CONTACT OUR CONTRACT LAWYER in the Netherlands
Please feel free to contact our contract lawyer in the Netherlands without any obligation. As a rule, we can often assess your case fairly quickly and determine the course of action with you. Our client’s interests always come first, and our lawyers can act quickly. Together with you, we will look for the best solution, whether you have a claim or need to defend yourself against an unreasonable claim by your contracting party. From Amsterdam to Maastricht and from Rotterdam to Utrecht, throughout the Netherlands and beyond, you can count on our years of experience and expertise. Please contact our contract lawyer Remko Roosjen, who will be happy to help you.