JPR Advocaten

Civil Construction Law

Construction law is on the divide between civil law and administrative law. Civil law is also called private law and regulates the relationships between persons (both natural persons and/or legal entities). Administrative law always includes the (local) authorities. Construction law is divided into civil construction law and administrative building law.

Civil construction law concerns the full process of acquiring (construction) land, project development, designing and executing the design, completing the built project, final settlement, maintenance and guarantees, etc.

Execution of the work is commonly recorded (legally) in the contracting agreement, but there are also other contract forms that combine several components of the building process; the so-called integrated contracts. One example of this is the DBFM contract (Design, Build, Finance, Maintain).

Agreements made between parties in the building process, such as the construction agreement, are governed by statutory regulations, but contractual relationships in construction are primarily governed by conditions and regulations, such as UAV 1989 and 2012, UAV-gc 2005, DNR, STABU, ALIB 2007, RAW.

Professional participants in the building process are familiar with all technical intrinsic aspects of these, but are less familiar with the legal aspects in general. To prevent any issues later, it may be wise to get advice from an expert (civil) construction lawyer before entering into a contract. If the damage has already been done, and you are in danger of court proceedings, then that same lawyer is the person to go to.

In short, civil construction law concerns the process from acquiring the land up to the delivery of the 'work of a corporeal nature'. 'Work of a corporeal nature' may include buildings and houses, but also road construction, for instance. After completion of works, the works are delivered. The contractor and client will inspect the complete work and determine which components have been approved and which need minor adjustments. After approval or completion of the work, there may be a maintenance period or warranty period.

Private individuals dealing with the building process, such as someone who wishes to build an extension, are generally not familiar with the legal aspects at all. To prevent any issues later, it is wise to be properly informed before commencement of the works. Our construction lawyers can offer good advice with respect to the risks and also provide input for an efficient as possible building process. And should you encounter the issues during the building process, our lawyers will gladly provide their assistance.

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