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International Construction Law Review

THE NETHERLANDS UPDATE ON THE NETHERLANDS—RECONSTRUCTING CONSTRUCTION

ARENT VAN WASSENAER

Allen & Overy LLP, Amsterdam

1. Introduction

It has been too long since an update has been published in this Review on developments in construction law in The Netherlands. This has not been due to a lack of such developments but, apparently, rather to a lack of energy on the part of Dutch correspondents to share these with the readers of ICLR. Apologies are due, and also this extensive update.
In this contribution some of these new developments will be reported on: a new chapter on contracting law in the Dutch Civil Code; certain new forms of contract (DNR–2005, UAV–Gc 2005 and standardised DBFM contracts); developments in Dutch procurement law following the publication of the procurement Directives and the aftermath of the construction fraud affair and project development; developments in the field of unsolicited proposals; developments regarding construction arbitration, adjudication and mediation; and a presentation of the website www.werkinuitvoering21.com.
As this contribution is being written, the Dutch construction industry is experiencing a downturn without precedent. In July the Dutch Economical Institute for Construction (EIB) reported an average order book in general construction and engineering (buildings and housing) of 5.9 months where this had been 8.8 months less than a year ago, a decrease of 33%. In civil engineering (infrastructure and public works) the decrease was 11%. The effect on unemployment will be high whereas a great number of bankruptcies in the construction industry are expected. Already the number of bankruptcies had doubled in the first half of 2009, a majority of them connected to the construction industry.

Pt 1] Correspondents’ Reports—The Netherlands

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