About Marco
Marco received his Dutch law degree from the University of Amsterdam and was admitted to the Dutch Bar in 2003. He gained broad litigation and advisory experience at a mid-sized Amsterdam law firm, after which he became a co-founder of AMS Advocaten in 2011.
Areas of practice
Marco advises and litigates mainly in the areas of Dutch construction law (Dutch real estate law), Dutch insolvency law, and Dutch contract law.
Bankruptcy trustee
The courts regularly appoint Marco as a Dutch trustee in bankruptcies in suspensions of payment and bankruptcies. As a result, he has built up extensive experience in insolvency law, viewed from the position of the trustee, but also from that of the bankrupt entity, its directors, shareholders and financiers. In this capacity, he is also involved in advising before and after bankruptcy and in the realisation of business restarts.
Grotius specialisation programme
Marco completed the postgraduate specialist programme in Insolvency Law at the Grotius Academy. This is the most comprehensive post-academic programme in the field of insolvency law in the Netherlands, with periodically recurring advanced courses.
Restructuring expert
In addition, Marco further specialised in restructuring by completing the Restructuring Expert programme at Leiden University (introduced in connection with the Dutch Act on Court Confirmation of Extrajudicial Restructuring Plans (WHOA)). The WHOA offers companies in a critical situation the opportunity to restructure without needing a declaration of bankruptcy.
Memberships
- Dutch Association of Construction Law Attorneys
- INSOLAD – Dutch Association of Insolvency Lawyers
- INSOL International – international organisation of insolvency law specialists
Track record
Dispute concerning construction of Pier A at Schiphol Airport
Marco represented a party in a dispute relating to the construction of Pier A at Schiphol Airport.Contract negotiations for large-scale renovation under UAV 2012
Contract negotiations for a contractor in connection with a large-scale renovation of a site with buildings subject to the UAV 2012 conditions.Binding advice in construction law disputes
Providing binding advice primarily in construction law disputes.Advising directors on liability claims in bankruptcy
Advising directors in bankruptcies in connection with liability claims brought by the bankruptcy trustee.Liability for foundation works affecting adjacent properties
Advice and proceedings concerning liability for foundation works affecting neighbouring properties.Proceedings before the Arbitration Board for the Building Industry
Marco regularly litigates before the Arbitration Board for the Building Industry in construction disputes, acting for both construction companies and clients.Appointment as administrator in complex guardianship proceedings
Appointment by the court as administrator in complex guardianship proceedings.Handling of bankruptcies as trustee and as advisor
Involved in the handling of bankruptcies, both in court appointments of him as bankruptcy trustee and as advisor in bankruptcies in which his colleagues were appointed, including recently:- U-Diagnostics B.V.
- TW-Solutions B.V.
- BN International B.V.
Summary proceedings: lifting of conservatory attachments denied
Summary proceedings concerning the lifting of imposed attachments. Marco successfully imposed conservatory attachments for a contractor in a dispute with its client where the contractor’s invoices had not been paid. The client sought the lifting of the attachments in summary proceedings, which claim was dismissed.Easements restored through acquisitive prescription following land consolidation
Dispute concerning land consolidation, extinguished easements and their restoration through acquisitive prescription.Owners’ association prevails in gallery flooring dispute; referral to damages proceedings
Advice and proceedings in a dispute concerning flooring in an apartment building. Marco successfully represented the owners’ association (VvE) in a dispute with the contractor engaged by the association regarding defects in the flooring of balcony galleries. The possible limitation of claims also played a role. The proceedings ultimately reached the Supreme Court, and the Court of Appeal in The Hague ruled in favour of the VvE, after which the case was referred to separate damages proceedings.Dispute concerning construction and delivery of a large business park
Dispute concerning the construction and delivery of a large business park (published related proceedings).No additional work outside agreed fixed price
Dispute concerning invoices claimed as additional work outside the agreed fixed contract price.Termination of construction project: Article 46 UAV or unfinished works
International dispute concerning termination pursuant to Article 46 UAV or settlement based on termination in an unfinished state in the realisation of a large-scale construction project.Contractor’s duty to warn and application of Article 6:265 DCC
Contractor’s duty to warn and the “unless clause” of Article 6:265 of the Dutch Civil Code.Contractor liability in installation of water system
Dispute concerning defective performance by a contractor in the installation of a water system and pipeline network.Non-conformity of residential property and new-for-old deduction
Dispute concerning non-conformity of a residential property and the application of a new-for-old deduction.Recent blogs
All blogsPrice adjustment in case of increased steel prices: possibilities despite price-fixing clause
A recent ruling by the Amsterdam Court of Appeal regarding price adjustments due to increased steel prices shows that a price-fixing clause does not automatically prohibit a contractor from increasing the price. What was the situation? The construction contract stated: ‘The assignment has a fixed price until the end of the work. Construction will start […]
Temporary Turbo Liquidation Transparency Law enters into force
The Temporary Turbo Liquidation Transparency Act came into effect (for a period of two years) on Wednesday 15 November 2023. The main aim of the law is to increase transparency in turbo liquidations in order to improve the information creditors are able to get access to. Turbo liquidation A company that wishes to terminate its […]
Compliance with an agreement in preliminary relief proceedings
In spite of the fact that the supplier had terminated the distribution agreement, the Amsterdam Court recently held in preliminary relief proceedings that the supplier was obliged to partially continue the agreement with its distributor According to the court in preliminary relief proceedings the notice period, which the supplier observed, was too short. Lawyer Mathijs van Riet […]
Practice areas register
Marco has registered insolvency law and real estate law (construction law) as his principal areas of practice in the legal practice areas register of the Dutch Bar Association. On the basis of this registration, he is required to obtain ten continuing education credits each calendar year in each registered principal area of practice, in accordance with the standards of the Dutch Bar Association.