Real Estate Law

Construction contract on a cost-plus basis, or not? When a contractor and a client agree that the building contract is “on a cost-plus basis,” it means that the contractor may charge the actual costs incurred. With a cost-plus contract on a cost-plus basis, only hourly rates and unit prices of materials are agreed upon. The client in that case has...

Composition of the VvE audit committee, what about it? There is often discussion as to whether the audit committee of an Owners' Association (VvE) must consist of members of the VvE or whether third parties may also sit on it. This discussion is fueled by a ruling of the Amsterdam subdistrict court dated November 5, 2013....

A deal is a deal! Unless you were drunk... One of the first things you learn in law school is that agreements must be kept. ‘Pacta sunt servanda,’ is that adage in Latin. And in plain Dutch: a deal is a deal. Simply put, it comes down to the fact that agreements must be kept. But what if you...

Precedent in the CoE: here's how it works! Many Owners‘ Associations (OE 's) face the same dilemma. What if they give permission to one owner to install an air conditioner or a roof terrace, does this automatically mean that the CoE must also give that permission to other owners? In other words, does giving...

Cancel purchase agreement after delivery, is that possible? Suppose you buy a house and after delivery everything turns out to be wrong. You find all kinds of hidden defects and the house is not what you expected. Can you dissolve the purchase agreement? Lawyer Robert van Ewijk explains what the possibilities and impossibilities...

Part of the work or extra work? It is a common problem in construction: the contractor claims that there is additional work and invoices that additional work. However, the client believes that the work was part of the agreed work and leaves the invoices unpaid. A dispute then arises between the parties; is there any...