Category: Dutch construction law

Judgement: Contractor infringes an architect’s copyright

Judgement: Contractor infringes an architect’s copyright

It is not unusual that a contractor is declared bankrupt during a construction project. Most of the time, the project is continued by another contractor. But what about the architect’s copyrights on the design in this situation? Can the new contractor simply use this design? Marco Guit, lawyer in construction law, explains the case.



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Nonconformity? AMS lists the criteria!

Nonconformity? AMS lists the criteria!

When buying property, the buyer can assume that the property has the features required for normal use. This conformity requirement is a legal regulation, but still often leads to discussion. Because what does “normal use” mean? Dutch construction lawyer Marco Guit explains the principle of nonconformity based on a recent ruling.



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Right of suspension not unlimited in case of default by contractor!

Right of suspension not unlimited in case of default by contractor!

If a contractor is in default in the execution of the contracted work, the client can in principle suspend his payment obligation. But this right of suspension is not unlimited. The Court of Arbitration for the Building Industry in The Netherlands recently ruled that the suspension should be in proportion to the default. Dutch construction lawyer Marco Guit explains the arbitration award.



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Building contract: planning binding upon parties?

Building contract: planning binding upon parties?

Many construction disputes between building contractors and clients are about delays in the building project. Therefore building contracts usually contain specific provisions regarding the maximum building duration, often expressed in a fixed number of working days. Also common is to draw up a schedule for the different project components. But what of this schedule is not consistent with the contractual maximum building duration? Dutch solicitor Marco Guit gives more information.



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