Attorney at law

Simone Overbeeke

Specialisation

Simone is a lawyer specializing in construction law and real estate law. She assists clients at every stage of a (construction) project: from the initial phase during contract formation, through the execution phase, and after completion of the work (cases involving (hidden) defects).

During the contract formation phase, Simone supports clients in drafting and negotiating construction agreements, applying standard conditions such as UAC 2012 and UAC-IC 2005/2025. She advises on appropriate terms, identifies risks, and offers solutions to mitigate those risks. She also ensures that agreements are clearly documented to prevent future disputes.

Simone is particularly focused on litigation in construction and real estate matters, both before the civil courts and the Dutch Arbitration Board for the Building Industry. She represents both employers and contractors in disputes involving (hidden) defects, additional or reduced work, delays and/or extensions of (construction) time, and acquisitive or extinctive prescription in relation to real estate. Additionally, Simone handles legal proceedings concerning contractual matters, such as the termination of (construction) agreements and the consequences thereof, claims for damages in case of breaches, and the exercise of suspension and set-off rights.

Simone advises clients on strategic decisions in legal matters by carefully analyzing all relevant aspects of a case and developing an approach that aligns with their specific needs. She is committed to achieving the best possible outcomes — whether it involves entering into a construction agreement, conducting negotiations, or successfully navigating legal proceedings. Clear communication, a pragmatic approach, and a strong focus on finding solutions are central to her work. Simone ensures that clients are kept fully informed of the progress and potential outcomes of their cases. Her goal is to make legal processes as smooth and efficient as possible.

Examples of recent work

  • Assisting an international construction company (in its capacity as client/main contractor) in arbitration proceedings before the Dutch Arbitration Board for the Building Industry regarding variations (additional and reduced work) and delays in a construction project;
  • Assisting a German multinational in a dispute concerning a construction project in the United Arab Emirates;
  • Assisting an international construction company (in its capacity as client/main contractor) in court proceedings before the civil courts regarding the construction of a food production facility;
  • Assisting a municipality in court proceedings concerning acquisitive or extinctive prescription of ownership of a plot of (public) land;
  • Advising a multinational in the energy sector on drafting a construction agreement for the design and construction of a high-voltage transformer station;
  • Advising a waste processing company on entering into a construction team agreement.

Education

  • Grotius Academy – National and International Contracting (cum laude)
  • VBR-A/IBR Course –  Construction Law
  • Master of Laws (Utrecht University)
  • Bachelor of Laws (Erasmus University)

Experience

  • External court clerk of the Rotterdam District Court
  • Volunteer at a legal advice centre

Publications

  • Article: ‘Het begrip ‘bouwwerken’ in titel 7.12 BW en de uitspraak van Wim Kok: “Wie het weet, mag het zeggen”’ (BR 2025/61)
  • Case note: Hof ’s-Hertogenbosch 19 September 2023 (ECLI:NL:GHSHE:2023:2984), ‘Niet nakoming, omzetting ex art. 6:87 BW, (peildatum) begroting van de vervangende schadevergoeding’, (BR 2024/6)
  • Case note: RvA 17 November 2020, no. 36.886 ‘De toerekening van kennis aan een aannemer als rechtspersoon en de bekendheidsuitzondering uit Geurtzen/Kampstaal’ (BR 2021/46)
  • Case note: RvA 21 November 2018, no. 36.120 ‘Aansprakelijkheid voor het betonmengsel. Schending waarschuwingsplicht.’ (BR 2019/16)

The Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister)

Simone Overbeeke has registered the following principal (and secondary) practice areas in the Netherlands Bar’s register of legal practice areas (rechtsgebiedenregister)

  • Real estate law: sub area of construction law

Based on this registration, Simone Overbeeke is required to obtain ten training credits per calendar year in each registered principal legal practice area in accordance with the standards set by the Netherlands Bar.

Memberships

  • Member of the Association for Construction Lawyers (VBR-A)
  • Member of the Association of Young Real estate Lawyers (VJOJ)