Liability limitation periods for hidden defects in consumer contracts

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.

• Amsterdam Court of Appeal ruled on 17 December 2024
• AVA 2013 expiry periods for hidden defects deemed unfair to consumers
• Case involved a homeowner’s complaint about cement screed, roof and tiling defects
• Expiry periods contrasted with interruptible statutory limitation periods
• Ruling may affect other standard construction terms and conditions in the Netherlands