International Construction Law Review
HUMPHREY LLOYD
A Practical Guide to Dutch Building Contracts by M A B. Chao-Duivis, A Z R Koning and A M Ubink. 3rd. ed. 2013. Instituut voor Bouwrecht, The Hague, The Netherlands. 154pp. Softcover. ISBN 978-90-78006-76-7. €32.50
Although this book was originally intended for students, it is ideal for anyone who wishes to have a good introduction to the law and practice in the Netherlands relating to building contracts. There are three authors: Professor Dr M A B Chao-Duivis, who is the Director of the Dutch Institute of Construction Law at The Hague and Professor of Construction Law at the Technical University of Delft; Ms Regina Koning who is a staff member of the Institute for Construction Law; and Mr André Ubink, who is a lawyer with Ubink Vastgoedadvocatuur, in Zwolle, the Netherlands. Professor Chao-Duivis is of course well-known to readers of The International Construction Law Review as she is not only a regular contributor, but also a member of the Editorial Advisory Board and chairs the Peer Review Group. (The 2008 edition of the book was fully reviewed by Professor Sarah Lupton ([2009] ICLR 268 with a good description of the content of work)). Professor Chao-Duivis has contributed three chapters – The Practice of Contracting (Chapter 1), The Building Contract (UAC 2012) in Chapter 2; and Procurement Law in Chapter 3. Mr Ubink deals with “The Contract with the Consultant (the New Rules 2011)” in Chapter 2 and Ms Koning deals with The Design Team (Chapter 4) and Integrated Contracts (UAC – IC2005) in Chapter 5. The chapter on procurement law is only an outline and is therefore not seriously affected by the fact that it does not cover the new Procurement Act (and Procurement Decree) which came into force in April 2013 after the book had been written. The legislation was covered in depth in an article in this Review last year by Professor G W A van de Meent and Mr R S Damsma ([2013] ICLR 417).
Each chapter of the book is clearly written. Relevant passages from the Dutch Civil Code or from a standard contract are set out. Where appropriate summaries of key court judgments are provided and brief examples are also given to illustrate a point. Tables and flow charts accompany the text.