Robert Janssen
Partner
Deeply Rooted in construction law.
Construction law encompasses all legal rules governing and safeguarding building projects. A defining feature of construction law is that every party involved in the building process has a distinct role. For instance, an architect or consulting engineer fulfills a different function than a client or contractor. Yet these parties often work together closely. Various types of collaboration agreements exist for this purpose, such as construction team agreements or coordination agreements. Tailor-made solutions are the norm in construction law. Engaging a construction law attorney is often of significant added value.
A Selection of Our Focus Areas within this Expertise
The Architect
The conceptual father of a building or complex is often the architect. An architect is usually engaged by a client who has numerous demands but also a limited budget. It is the architect’s task to design a project within those constraints. Often, the architect’s involvement does not end there: they are frequently engaged in applying for environmental permits and overseeing the (aesthetic aspects of the) construction phase. Given this pivotal role, it is essential that the architect’s duties, powers, and responsibilities are clearly defined. Architects typically base their agreements on De Nieuwe Regeling (DNR), the standard terms and conditions co-drafted by the Royal Institute of Dutch Architects (BNA). However, deviations from these terms are possible—and even common.
The Consultants
Since an architect does not possess all the necessary expertise, additional input from specialist consultants is often required—such as a structural engineer, electrical and mechanical systems advisor, or environmental expert. Sometimes these consultants are engaged directly by the client; in other cases, they operate under the responsibility of the architect or contractor. It is crucial at the outset of any construction project to clearly define the project organization: who is responsible for what, who must deliver which results and when, and who monitors the overall planning. These arrangements are documented in one or more collaboration agreements. As every project is unique, a one-size-fits-all contract simply does not exist.
The Contractor
The client enters into a construction contract with the contractor. This contract outlines what the contractor is to build, for what price, and within which timeframe. For larger construction projects, the UAV 2012 (General Terms and Conditions for the Execution of Works) is often applied. This document contains rules regarding project extension timelines, delivery methods, and post-delivery liability.
A Construction Dispute?
A well-drafted construction contract unfortunately does not guarantee that nothing will go wrong during or after construction. For example, unforeseen circumstances may cause delays, or unexpected construction defects may arise. In construction disputes, the assistance of a lawyer is essential. Most construction contracts designate the Raad van Arbitrage voor de Bouw (Arbitration Board for the Construction Industry, RvA) as the dispute resolution body. While the RvA is a well-known institution in construction law, it is unfamiliar territory for those outside the industry. The specialized attorneys at Thuis Partners are experts in all aspects of construction law. You can engage them for drafting and reviewing construction-related contracts, as well as for expert support in construction disputes.
‘Less is more only when more is too much’
