International Construction Law Review
BOOK REVIEWS
SARAH LUPTON
A Practical Guide to Dutch Building Contracts. Edited by E M Bruggeman, M A B Chao-Duivis and A Z R Koning. The Hague, The Netherlands: Instituut von Bouwrecht, 2008. ISBN: 978–90–78066–17–0. 213pp. â33.00 (includes VAT and shipping within The Netherlands).
With recent developments in EU law encouraging the cross-border provision of services, it is likely that an increasing number of consultants and contractors may find themselves working in an EU Member State other than their own. There are regrettably few books in English about the contractual arrangements within EU countries other than the UK, therefore a new book about the contracts commonly used in the Netherlands is particularly timely and welcome.
This is an edited book composed of 10 chapters written by six authors, including the three editors, all of whom are clearly expert in their field. It provides comprehensive coverage of the forms of contract used for different procurement routes, and also explains the general legal frame-work in the Netherlands, and the means of dispute resolution used in construction.
The first chapter is entitled “The Formation of a Contract” but in fact outlines the legal principles covering not just formation, but also content of contracts (including those parts of The Netherlands Civil Code that may apply) and the consequences of default. It is followed by a chapter which outlines the range of standard forms covered in the book, and why each might be selected.
For some time the architects and engineers in The Netherlands have used common appointment conditions. The current version of these is the subject of Chapter 3. It was drafted jointly by the BNA (the Royal Institute of Dutch Architects) and the ORNI (Dutch Association of Consulting Engineers) and is known as DNR 2005 (the New Regulations 2005). The authors state that it can be used by any consultant appointed on a project, for example, by a quantity surveyor or landscape architect. It comprises several sections, including a Specification of Tasks, which comprehensively lists activities required at each stage and allows effective coordination of the different participants. Of interest to note is that the standard terms limit the liability of the consultant to the amount of the agreed fees, up to a maximum of â1,000,000 (except in the case of a consumer client, where it is limited to â75,000 irrespective of the fee).
Chapter 4 discusses the Uniform Administrative Conditions for the Execution of Works 1989 (UAV 1989). This standard form contract is for traditional procurement, and is widely used (notes in the form state that “not only the central government but also local authorities and private developers frequently apply the UAV as an integral part of their contracts”).
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Book Reviews
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