Dutch law has specific provisions for several specific contract types. Particularly in the case of contracting agreements in the Netherlands, the parties are not always aware of these additional legal provisions. These provisions apply to many more contract types other than construction contracts. For example, when a machine, piece of furniture, car or boat is custom-made and sold, these provisions also apply. Our Dutch attorney in the Netherlands Jacco Bruinsma will provide you with more backgrounds.
Liability of contractors under Dutch law
The main principle of a contracting agreement in the Netherlands is that the contractor must deliver a certain result. This is a big difference from many other agreements where the parties only must do their utmost or where reasonableness and fairness can be used to determine the buyer’s expectations. Especially when specific requirements are laid down, the Contractor must ensure that the product sold meets them. If this is not the case, there shall be a defect identified and the Contractor shall be obliged to perform a remedy free of charge. If this is not possible, then this will lead to a liability of the contractor.
COMPLETION OF THE WORK
The completion of the work is an important moment in contracting agreements in the Netherlands. The law requires the client to approve and accept the work to ensure that the work is legally considered completed. Once completion of the work has been achieved the client can no longer demand repair of defects that he could have discovered at the time of completion. If the client does not approve and accept the work, Dutch law offers a solution. The work can also be deemed to have been accepted in the condition left by the contractor if he or she does not inspect the work within a reasonable time after receiving the notice of inspection.
Dutch law also has a regulation for contracting agreements for additional work. This regulation means that in some cases no explicit order is required to be able to charge additional costs. Particularly in the case of unforeseen circumstances, the contractor often only has to point out the need for additional work to obtain additional compensation. Of course, this does not apply if that work is explicitly included in the scope of the contract.
DUTCH LAWYER SPECIALIZED IN CONTRACTING AGREEMENTS
Do you have any questions regarding a contracting agreement in the Netherlands or do you need specific legal advice regarding contract law in Holland? Our experienced English-speaking specialist lawyers in Holland will be happy to help you.