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Dutch, English
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Philip Houtzager
Lawyer
Full biography
Philip Houtzager combines the roles of attorney-at-law and project lawyer within Clairfort’s Property & Construction team, supporting clients throughout construction and real estate projects.
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.11 August, 2026
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.14 July, 2026
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