Track record

In court proceedings, Rosa claimed on behalf of a contractor reimbursement of costs incurred to repair defects caused by a subcontractor. The court held that, despite having been given the opportunity, the subcontractor had failed to remedy the defects and was liable for the repair costs. The fact that those costs were higher than the subcontractor’s original quote was at the subcontractor’s risk.

Denise won a case for a contractor who held its subcontractor liable for serious defects. The Limburg District Court found that the subcontractor had paid insufficient attention to the requirements for the installation and that it was not credible that the damage had been caused by an emergency outside the main contractor’s risk. The subcontractor was ordered to pay, among other things, repair costs, consequential damages and extrajudicial costs to the main contractor.

In an interlocutory incident under Article 843a CCP, AMS Advocaten obtained an order requiring the accountant to provide detailed invoice specifications from 2017 onwards, subject to a penalty payment, rejecting the opposing party’s defences.

Marleen was appointed as bankruptcy trustee of a private limited company involved in an inquiry procedure. The procedure does not end upon bankruptcy. As part of the restart of the business, Marleen negotiated that the inquiry had to be withdrawn.

Onno successfully represented a minority shareholder in an inquiry procedure. The Enterprise Chamber ordered an inquiry and imposed immediate measures, including the appointment of an independent director.

In the context of a larger construction dispute, Marco successfully represented the contractor in a dispute with its client. The Court of Appeal upheld the first-instance summary judgment ordering the client to transfer plots of land and holding that a contractual penalty had been forfeited.

In proceedings brought by Denise about liability for defects in a house purchase, the Midden-Nederland District Court held in an interim judgment that the buyer was given the opportunity to further substantiate what the expert engaged by the buyer meant by the possibility that a part of the house could fail. After the buyer had clarified this and the seller had contested it, the court held in a second interim judgment in 2024 that the defect impeded normal use of the home and that the seller was liable for the repair costs.

Together with Denise, Marco successfully held a home seller liable on behalf of the buyer for a defect that impeded normal use of the property. In assessing the damage, the court estimated the actual repair costs, taking into account depreciation (“new for old”). In this interim judgment, the court put questions to the seller.

Thomas won a case for a well-known auction house before the Leeuwarden Court of Appeal concerning extrajudicial avoidance of an auction purchase of two artworks by the famous British graffiti artist Banksy.

Rosa brought a claim on behalf of private clients against a contractor for various defects. The court held that several completion items had not been remedied, entitling the clients to have the work carried out by third parties.