Private | Construction Law

Construction law

Building or buying a home is a process that most often brings on a feeling of fulfilment and happiness. However, sometimes one is confronted with unexpected problems that can turn the whole experience into a nightmare. GMW Advocaten is available for consultations in all cases related to construction law, such as structural defects, breech of contract or disagreements.

Buying and building a new home involves several parties; you might buy a newly developed property, in which case you will have to deal with a real estate agent and a contractor. Perhaps you are buying into a construction project still awaiting completion; in this case you will be dealing with a contractor, an architect, builders, engineers and sub contractors. All these work relationships require clear contracts stipulating the duties and responsibilities of each party, binding terms of delivery and penalties in case of non-compliance, in order to avoid future conflicts and ambiguities.

Our role

Contracts and agreements are quintessential in construction. Standard contracts are available via the National Home Warranty Institute (Stichting Garantie Instituut Woningbouw - GIW), however, one is well advised to go for tailor made contracts, reflecting the realities of a specific assignment. The construction lawyers of GMW Advocaten can be instrumental in drafting such contracts, also scanning existing contracts for hidden catches and flaws. Especially issues of responsibility and risks, whether on the contractor’s or the commissioner’s side, need to be put straight before making major investments. Say, for instance, construction work had to pause for a while – who is responsible for paying the running costs? In case the contractor has used a material ill-suited for the purpose it was intended for – who is paying for the replacement? Whose responsibility is the delay and all that goes with it? Scenarios such as these routinely happen in construction – call upon GMW Advocaten to settle the disputes in a quick and constructive manner.

Arbitration in construction

Structural faults, breech of contract and warranties can spark a dispute at any given moment within the construction process. We will advise you and negotiate on your behalf in order to settle such disputes in an amicable manner. Cases that are beyond reconciliation can be brought to court, arbitration being the most common procedure to settle such matters.

Information

Please contact Arthur de Groot or Christian Malipaard for more information on the subject.

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