The golden rule for additional work, recently confirmed by the Supreme Court, is that the contractor must always immediately inform the client that the additional work will result in an additional payment. Failure to do so risks forfeiting your right to additional payment (the Supreme Court is very strict about this). According to the Supreme Court, it's not so much a requirement to immediately state the exact amount of the additional payment; what matters, according to the Supreme Court, is that the client is immediately aware that the additional work will result in an additional payment.

In other words, as soon as you're faced with additional work, it's crucial to immediately inform the client that you'll need to pay (and, for example, indicate that you'll inform the client later). We strongly recommend that you also do this in writing. Otherwise, this can potentially lead to evidentiary problems; if you only provide verbal notification, it will be more difficult to prove that you gave the correct signal.

It is important to inform the contractor as thoroughly and promptly as possible of any errors they have made or for which they are responsible. If the contractor has not yet completed the work, the risk lies with them. If the work has been completed but the maintenance period is still in effect, the contractor is obligated to repair these defects at their own expense. If the work has been completed and the maintenance period has expired, the client bears the risk, unless there are hidden defects or a warranty has been issued for the work.

Upon notification, the contractor must be granted a reasonable period to remedy the defects. The length of the period for performance depends on the circumstances. A relevant circumstance is the time the debtor had to prepare before the notice. Article 7:761, paragraph 1, of the Dutch Civil Code stipulates that any legal action based on a defect in the completed work lapses two years after the client protested. It is possible to interrupt (i.e., extend) this period. If the UAV 2012 applies to the construction contract, paragraph 12, for hidden defects, stipulates that the client's legal action is inadmissible if it is initiated after five years from the date of completion, or, in the case of a maintenance period, the day after the expiry of that period. This is a forfeiture clause and, unlike a limitation period, cannot be interrupted. Forfeiture periods are applied by the court ex officio. This means that regardless of whether the contractor invokes a limitation period, the court itself will assess whether that limitation period applies. It is therefore important to monitor the deadlines closely and respond appropriately.

We often find that a claim can also be made against the client's insurer. Consider, for example, buildings and contents insurance in the event of leaks. Whether this is possible depends on the policy terms.

We often find that a claim can also be made against the client's insurer. Consider, for example, buildings and contents insurance in the event of leaks. Whether this is possible depends on the policy terms.

The UAV 2012 stands for the Uniform Administrative Conditions for the Execution of Works and Technical Installation Works 2012. This is a standard set of administrative conditions widely used in the Netherlands for often larger, more complex construction projects. The UAV 2012 regulates the legal relationships between clients and contractors in construction projects.

The UAV 2012 contains provisions on a wide range of topics, such as the execution of the work, the obligations of the contractor and the client, changes to the work, additional work and reduced work, delivery, and disputes. These conditions are intended to provide a clear and balanced framework for the execution of construction projects, clearly defining the rights and obligations of both parties. The UAV 2012 is frequently used by government bodies and in the private sector and replaces earlier versions, such as the UAV 1989.

It's important to know what is being rented and for how long. A rental car or vacation home that is rented for a "fixed period" (for example, one week) doesn't need to be canceled. Such a rental agreement ends when the agreed-upon period expires. However, if you rent the rental car or vacation home for an "indefinite period," the rental agreement must be canceled.

Specific legal rules apply to built properties such as homes, retail spaces (including cafes and restaurants), and offices/other commercial spaces. The basic principle is that the lease agreement for a built property must be terminated, observing a statutory or contractual notice period.

For independent residences and retail spaces rented for less than two years, and for shared residences (rooms) rented for less than five years, there are (currently) some exceptions for the landlord: they are only required to inform the tenant that the lease will not be continued. The tenant is always required to terminate such a lease.

Furthermore, landlords of residential and commercial properties can only terminate the lease if a legally stipulated ground for termination applies. Examples include poor tenancy, urgent personal use, or the implementation of a zoning plan.

Notice of termination is not required if the tenant and landlord terminate the lease agreement by mutual consent.