Track Record

AMS successfully represented a client in proceedings about alleged transgressive behaviour at a student association. In proceedings on the merits, the decision to expel the client from membership was annulled due to breach of the right to be heard and lack of factual basis; the court ordered a rectification and declared that the allegations constituted an unlawful act.

In an arbitration concerning a home warranty dispute, Rosa represented two private clients in a dispute with their contractor. The arbitrator awarded fixed damages for construction delay. In addition, several defects were established that the contractor had to remedy. For defects that had already been repaired by third parties without giving the contractor the opportunity to do so himself, the arbitrator awarded compensation based on the contractor’s saved costs.

Together with a colleague, Lennard represented a client on appeal who had held a lawyer liable for professional negligence. The Arnhem-Leeuwarden Court of Appeal held that the lawyer should have pointed out the short limitation period for penalties and was responsible for enforcement of the judgments. The lawyer therefore had to compensate the client’s loss, which the court assessed at €15,000.

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.

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.

Marco successfully represented the VvE in the proceedings on the merits before the district court and court of appeal in a dispute with the contractor it had engaged about defects in balcony gallery floor elements. Limitation of the claim also played a role. The case eventually reached the Supreme Court; the Hague Court of Appeal ruled in favour of the VvE, after which the case was referred to damages proceedings.

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.