Building a new home or remodeling an existing home
The purchase of a new home or remodeling an existing home is not a daily practice for individuals. You will be dealing with various expert parties and a complicated building process. Due to different levels of expertise the completion of a new house or the remodeling of your existing home can sometimes cause problems and disputes between the individual and the (sub) contractor(s).
If you are having to deal with construction or completion defects, your (sub) contractor not honoring the contract or if you are trying to avoid a construction dispute, please contact GMW advocaten. The lawyers specialized in construction law can offer you the proper legal support at every stage of the construction dispute.
Parties in the building process
When buying a new home or remodeling your existing home, many parties who often have specialist knowledge may be involved. If you buy a new home, then you will for example be dealing with a broker, a developer or a contractor. When remodeling your own house depending on the size of the building you will be dealing with (sub) contractors, builders, engineers and possibly supervisors.
The contract and the general terms and conditions
Several contracts often exist with these parties or sometimes one overall agreement is concluded. Even though the contracts seem clear in practice disputes can arise as to the tasks and responsibilities for example because of a difference in expertise or insufficient communication between the parties. Therefore contracts and general provisions are crucial. Most of the time standard contracts are used and general terms and conditions which have been declared applicable to all building projects. Each discipline in the building process has its own contracts and terms. It is important that you realize in advance what the contract and the general terms and conditions will imply for you.
GMW advocaten can point out the risks of the various contracts encountered during building. We can draw up a contract for you or modify an existing contract. The lawyers specialized in construction law may also decide on the basis of a quick scan if there are pitfalls for you in a new or existing contract. GMW advocaten is furthermore very knowledgeable as to (standardized) general terms and conditions (UAV 2012, AVA 2013, UAV-GC 2005, DNR 2011, RVOI2001) and has also assisted many clients with drawing up their own general terms and conditions. GMW advocaten can also advise on the possibilities of annulment of (general) conditions because of unreasonably onerous and / or unfair terms or because of contradiction with (European) legislation.
Even with well-constructed contracts disputes can arise. For example the question, when something is the responsibility of the contractor or the client? What if construction is halted? What if the contractor has chosen material that does not meet the requirements? Who is responsible for a delayed delivery? Are there certain limitations of liability and what are the legal consequences of the dealings of one of the contracting parties with third parties? Such issues are common in the building sector. GMW advocaten can help prevent or resolve such disputes.
Arbitration or judicial proceedings
Defects, construction defects, breach of contract and guarantees may at any stage of the construction process lead to problems. GMW advocaten advises and mediates to arrive at solutions with other parties. If an agreement cannot be reached then we rely on our experience. Arbitration is the most common procedure, often with the Dutch Foundation for Consumer Complaints Boards or the Court of Arbitration for The Netherlands Building Industry, but the lawyers of GMW advocaten often litigate before the District Court and the Court of Appeal.
Do you have questions about construction law or would you like to discuss a case? Please contact Raymond de Mooij.