13 Jan '26
An article written by our partner Jacob Henriquez was recently published in Construction Law International (December 2025).
The article explores the impact of the Quality Assurance Act for Construction on, inter alia, FIDIC-based projects in the Netherlands. He discusses five noteworthy changes to Contractor’s liability in the Netherlands as a result of the Quality Assurance Act for Construction (in Dutch ‘WKB’), the consequences for the Dutch construction market and how the Act affect FIDIC projects in the Netherlands.
He concludes as follows. The change in contractor’s liability for construction works that was enacted through the Act is major one, as it is a 180 degree shift from the liability regime that was previously in place for construction works (and that is still in place for other types of Contracting of Work (title 7.12 Dutch Civil Code).
It is important for contracting parties (to a FIDIC contract) to remember that if and when a deviation from this new liability regime is negotiated, it has to be done expressly and via mutual agreement. A mere reference to general terms and conditions that contain a deviation from this new liability rule, would not suffice. It is therefore advised to maintain a record of all relevant documents pertaining to the negotiations on the subject of liability and to make sure that the agreement concluded reflects the deviation clearly.
The full article can be downloaded here.
If you have any questions about FIDIC projects in the Netherlands, please contact our construction partner Jacob Henriquez at j.henriquez@ploum.nl or +31612101368.
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