About Rosa
Rosa studied Dutch law at the University of Amsterdam. She began her career in 2003 as a lawyer at a mid-sized law firm in Amsterdam.
In 2009, Rosa moved to the Arbitration Board for Construction Disputes. As a secretary, she was responsible for advising arbitrators during arbitration proceedings and drafting arbitral awards. During her time at the Arbitration Board, she gained extensive experience in construction law.
After living and working in London for several years, Rosa returned to legal practice. In early 2022, she joined the AMS team as a lawyer.
Specializations
Rosa advises and litigates in a wide range of civil law matters in the fields of construction law, tenancy law and real estate law. She primarily represents landlords and construction companies, but in construction disputes she also regularly acts for (professional) clients.
Rosa also represents various international construction companies in Dutch proceedings. Owing to her many years of residence in England, she speaks and writes English fluently.
Track record
Summary proceedings in VOF dispute: partner’s claims upheld
In May 2022, Rosa, together with her colleague Onno Hennis, successfully conducted summary proceedings on behalf of a partner in a general partnership (VOF) in a long-running dispute with his co-partner. The claims of the partner were upheld, while all claims of the co-partner were dismissed.Summary proceedings against defaulting tenant: rent arrears and eviction ordered
In August 2022, Rosa successfully represented four landlords in summary proceedings against a defaulting tenant. The preliminary relief judge ordered payment of the full rent arrears as well as eviction. This high-profile case was covered by De Telegraaf.Publications on construction law and real estate law in Vastgoed Journaal
Rosa regularly publishes blogs on recent case law and developments in the field of construction law and real estate law. Her blog on defects was published on the website of Vastgoed Journaal.Construction dispute: termination qualified as termination in unfinished state – contract sum awarded
Rosa, together with Marco, represented a German construction company in a construction dispute with a client/main contractor. The main contractor had terminated the agreement and claimed damages. Rosa successfully argued that the termination qualified as termination in an unfinished state, resulting in an award of the remaining contract sum minus saved costs.Court: contractor failed to remedy defects – clients entitled to engage third parties
Rosa held a contractor liable on behalf of private clients for various defects. The court ruled that multiple defects identified at completion had not been remedied, entitling the clients to have the defects repaired by third parties.Successful opposition proceedings: contractor not bound by unauthorised foundation investigation
For a regular client, a small construction company, Rosa successfully initiated opposition proceedings. The contractor had been ordered by default to pay an outstanding invoice for a foundation investigation. Rosa successfully challenged this judgment, as the contractor had never commissioned the investigation. It had been ordered by a party involved in the construction who was not employed by the contractor. The court also held that there was no apparent authority.Arbitration: liquidated damages for construction delay and repair of defects awarded
In arbitration proceedings, Rosa represented private clients in a dispute with their contractor. The arbitrator awarded liquidated damages due to delay in the construction period. In addition, various defects were established that the contractor was required to remedy. For defects already remedied by third parties without giving the contractor an opportunity to do so, compensation was awarded based on the costs saved by the contractor.Subcontractor liable for repair costs after failure to remedy defects
In proceedings initiated by Rosa on behalf of a contractor, compensation was claimed for the costs incurred in having defects remedied by a third party after a subcontractor failed to do so despite being given the opportunity. The court ruled that the subcontractor was liable for the repair costs. The fact that these costs exceeded the subcontractor’s quotation was held to be at the subcontractor’s risk.Court: business partner must comply with purchase agreement in division dispute
In a division dispute, Rosa represented a client who jointly owned a rental property with a business partner. The parties had agreed that the client would acquire full ownership of the property for an agreed purchase price. After a dispute arose, the business partner refused to honour the agreement and initiated proceedings seeking to force a sale to a third party at a higher price. The court dismissed this claim, ruling that a valid purchase agreement had been concluded which the business partner was required to perform.Recent blogs
All blogsMutual suspension in construction: a classic impasse
The Arnhem-Leeuwarden Court recently issued a ruling on a classic impasse during the execution of a construction contract: a client refuses to pay a (progress) invoice from the contractor because, according to the client, there are deficiencies in the work and the client believes that the contractor should first rectify them. The client therefore (implicitly) […]
The financial risks of a contractor wrongfully terminating a construction contract
When a contractor accepts a construction contract, it is a serious and usually long-term commitment. The work must be completed as agreed and that may take months. During that period, a contractor may want to terminate the assignment prematurely—for example, due to difficult cooperation with the client. Simply ‘pulling the plug’ can have major financial […]
Expansion of dispute resolution Board of Arbitration by introducing new Fast Track procedures
In the construction industry, disputes are regularly referred to the Board of Arbitration for Construction Disputes (COA). Usually because it is required pursuant to the applicable general conditions (AVA, UAV, UAV-C), although sometimes parties choose this option based on the Board’s expertise. A new reason was recently added to submit construction disputes to the Board […]