Construction law

TRC Advocaten has a team of very experienced lawyers that dedicate their time to handling cases that fall under construction law and property law.

Construction and property law are an important subject for many authorities, company owners and private individuals, sometimes on a daily basis.

For example, contracts of sale, lease agreements, tenancy agreements and building contracts are entered into when buying property and a neighbour relationship is often involved too.This team is engaged to handle construction and property cases by:

• public institutions and semi-public institutions
• contractors in the field of infra (roads, bridges and water installations / groundwork, road and hydraulic engineering),  utility, offices and residential properties
• contractors (W&E)
• project developers
• architects
• estate agents
• private individuals
• landlords
• tenants

The work we do in relation to construction law and property law includes:

• construction law / building contracts and subcontracts
• procurement law
• tenancy law / leases and tenancy agreements
• purchases / contracts of sale
• agricultural tenancy law / tenancy agreements
• land consolidation scheme / land use
• compulsory purchases
• apartment right
• ground lease
• statutory right and duties between neighbours
• project development
• right of ownership / negative prescription.

The construction industry is one of the biggest industries in the Netherlands. A whole range of different contracts, involving all kinds of different conditions, are entered into in this industry every day. Our broad experience puts us in a position to advise clients wanting to enter into a variety of contracts, prepare specifications and apply various terms and conditions. We can advise you on the (application of):

• public-private partnerships
• anterior and posterior development agreements
• Design Construct contracts (DC)
• Design Build and Maintain contracts (DBM)
• Design, Build, Finance, Maintain and Operate contracts (DBFMO)
• Uniform Administrative Conditions (UAV 1989 / UAV 2012)
• Uniform Administrative Conditions for Integrated Contracts  (UAV-GC 2005)
• STABU standard 2012
• RAW system for the generation of construction plans
• CROW Pro Contract
• Hybrid contracts

Besides its consulting practice, TRA Advocaten also has a large litigation practice. We frequently conduct proceedings before the Court of Arbitration for the Building Industry in the Netherlands (Raad van Arbitrage voor de Bouw) and the regular courts. The construction disputes that we handle relate to delivery, completion, defects, offsettable quantities, provisional sums and circumstances that cause costs to increase. Disputes about contracts of sale often involve non-conformity (asbestos, for example), resolutive conditions or contractual penalties. Typical causes of neighbour disputes are easements, right of way, boundary partitions (common ownership), drainage and planting (conifers, for example).

Our lawyers will be pleased to help you with any issues you might have in relation to these subjects, whether you wish to institute legal proceedings, want advice, a second opinion or mediation, or help with any of the procedures applicable.