Elevator - Ten Holter Noordam advocaten

Construction and real estate law

Our attorneys at law specialising in construction and real estate law work closely together with the lawyers in our administrative, environmental and tender law groups. Construction contracts and disputes have been a focus of attention for us for nearly one hundred years. We actively advise contracting authorities, developers and contractors, government agencies, housing corporations and healthcare institutions on the approach to their projects. And our expertise goes much further.

Specialisms of the Construction and Real Estate team

We have in-house specialists for each phase of project development. Ranging from permits, anterior agreements and collaboration agreements (including collaboration agreements subject to separate purchase and construction contracts, known as SOK-GKA in the Netherlands) in the preliminary phase, or contracting and consultancy agreements in the execution phase. You can also contact us for any questions you may have about renting and letting.

We advise you on the possibilities, benefits and risks of the different contract forms. The same applies to renovation or maintenance works. For example, have you decided to manage the design of a new building yourself and only enter into a contract with the building contractor for execution of the works? Have you made these arrangements in accordance with the STABU (UAV 2012) or RAW standard? Or do you want to make the building contractor fully responsible for both the design and execution of the works, in line with the Dutch Uniform Administrative Conditions for the Execution of Works for Integrated Contracts (UAV-GC 2005)? You can also opt for a construction management team variant. Who gets the consultants involved in that case? Will the project be completed and handed over in accordance with turnkey conditions? Have you decided in favour of a separate purchase contract and building contract (GKA)?

We closely follow developments in construction: BIM, BREEAM, LEAN, circular construction, partner collaboration and innovation-sharing, legislation on quality (Wet Kwaliteitsborging) or near zero-energy buildings (BENG). We know the meaning of these terms and how they should be integrated in your contracts.

Buying or selling real estate? Do you have questions about leasehold or issues such as rights of superficies or easements? Make sure you obtain sound advice in advance about the contents and ramifications of the purchase agreement.

What can we do for you?

Whether you are a contracting authority, contractor/subcontractor or consultant, we come up with a practical solution. In the form of advice, or possibly by acting as legal counsel in court proceedings or proceedings involving the Arbitration Board for the Construction Industry (Raad van Arbitrage voor de Bouw). We have extensive litigation experience with construction-related disputes that have been settled via both of these routes.

We react quickly and flexibly, work with short and clear lines of communication and appoint a designated contact for you and your employees. We keep you continuously informed of legal developments that affect your organisation. We always do so clearly and concretely so that you know where you stand.

Standard models

We are familiar with all the contracts and general terms and conditions used in the industry, such as the Uniform Administrative Conditions for the Execution of Works (UAV 2012), the Uniform Administrative Conditions for the Execution of Works for Integrated Contracts (UAV-GC 2005), the New Rules 2011 regarding the legal relationship between the contracting authority on the one hand and the architect, engineer and consultant on the other hand (DNR 2011), etc. All with the correct general (purchase or sales) conditions, which contain deviations favouring the contracting authority (client) or the general contractor, as appropriate. These contracts and general terms and conditions, and much more, are available to you as standard models. Please contact us for more information.