3 November 2021

The power card

By Raymond de Mooij

This column was written for Den Haag Centraal, in which Raymond de Mooij writes monthly about what he experiences in his practice.

“I think the worst thing is the arrogant attitude of those people. They play the power card; it’s very annoying.” Willem Ruisdael sat opposite me and shook his head. In 2019, he had let a number of semi-detached business premises for five years to Grizzly, an American company with more than seven thousand stores.

He had been overjoyed with this lucrative deal. But soon problems arose.

“Grizzly has invested millions in building renovations over the past two years,” Ruisdael said. “The store will open next month.” However, during these major renovations, Grizzly’s contractors caused significant damage to the adjacent property, which was also owned by my client. “The front of the building is torn and there is a leak on the roof. The damage is at least 150,000 euros.”

Willem Ruisdael had approached the foreman of the construction company, who had told him that everything would be put in order. “But in practice nothing happened. Then I called the local manager of Grizzly. He was gruff and grunted that I didn’t have to worry.” But months passed without Grizzly making repairs. Finally, my client had sent a certified letter to Grizzly’s New York board of directors. A week later, he received a written response from a lawyer from a Zuidas office. Ruisdael’s request to repair the damage was rejected. He had to stop his summons immediately, because Grizzly would suffer reputational damage, their lawyer said.

“I can’t afford endless legal proceedings against such a wealthy club,” Ruisdael sighed. “And that’s exactly what they’re counting on.”
I patted my client on the shoulder encouragingly. “Let me write a short e-mail to the Zuidas lawyer; you’ll see that your problem will disappear like snow in the sun.”

That same afternoon, I notified Grizzly’s counsel that my client would terminate the lease with Grizzly by the earliest possible date if the damage previously discussed was not fully repaired within a week. Wouldn’t that be a waste of the multimillion-dollar investments Grizzly had already made in the retail spaces?

A day later Ruisdael called. “It’s unbelievable, those guys from Grizzly started the repair work this morning. What have you done?”
I could easily explain that to my client. “You had your own power card, Willem, and it was played yesterday.”

Raymond de Mooij

Raymond de Mooij

Lawyer / partner

‘With the Right Perspective, Every Problem Has a Solution’

Related blogs

Previous slide
Next slide

8 July 2025

Maintenance of Rental Property: Tenant or Landlord Responsible?

In principle, the landlord is responsible for the maintenance of a rental property. However, there is an exception to this rule. A distinction can be made between major and minor maintenance.

Read more

Read more about

1 July 2025

Have you ever seen the rain?

Non-conformity, hidden defects and leaks

Read more

Read more about

18 June 2025

Transfer of Risk in the Sale or Purchase of a Property

The sale or purchase of a property is a complex process involving legal elements.

Read more

Read more about

21 May 2025

Fair sale of land by local authorities: Didam II clarifies the rules

In November 2024, the Dutch Supreme Court (Hoge Raad) provided further clarity on the sale of scarce land by public authorities. What does this mean for municipalities and market parties?

Read more

Read more about

23 April 2025

Neighbour, what are you doing?

A property owner or occupier may, in certain circumstances, be required to temporarily allow another person to use their home or land if this is necessary for work to be carried out on the other party’s property.

Read more

Read more about
All articles