Liability limitation periods for hidden defects in consumer contracts

The article examines a ruling by the Amsterdam Court of Appeal finding that certain liability limitation periods for hidden defects in consumer contracts are unreasonable and unfairly onerous. It discusses the implications of this finding for businesses drafting consumer contract terms.

  • Amsterdam Court of Appeal ruled on liability limitation clauses
  • Clauses limiting liability for hidden defects deemed unreasonable
  • Ruling affects consumer contract drafting practices

Related practice areas

Construction law

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Liability limitation periods for hidden defects in consumer contracts Construction lawReal estate law This article discusses a ruling by the Amsterdam Court of Appeal of 17 December 2024 concerning liability expiry periods for hidden defects under the AVA 2013 general terms and conditions used in Dutch construction contracts. The court found these expiry periods unreasonably onerous and unfair towards consumers, and therefore unenforceable against them. The piece explains the underlying dispute involving a homeowner and contractor, and contrasts the AVA 2013 expiry regime with statutory limitation periods under the Civil Code. It also considers the wider implications for the Dutch construction industry, since similar expiry clauses appear in most standard construction terms.11 August, 2026 Clairfort welcomes Bonne Mulder to its Property & Construction team Construction lawCivil law Clairfort's Property & Construction team grew to nine specialists with the addition of Bonne Mulder. Mulder trained at a law firm in Amsterdam specialising in litigation and previously worked at a large accountancy firm before entering the legal profession.30 June, 2026

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