Realising a construction project is a complex undertaking in which cooperation between the various construction actors is very important. Each party fulfils its own role and responsibility.
In the construction industry, the term ‘building contracting’ can be divided into two activities:
A carefully drafted agreement forms the basis of further cooperation, regardless of which role one plays as construction protagonist. The agreement is also important for any liabilities arising from a possible default.
Traditionally, there is the ten-year liability (Peeters Act) and common law liability for minor hidden defects, but practice shows that it is not limited to these.
The various construction actors face different problems of various kinds, such as professional liability, disciplinary proceedings, bankruptcy, etc. Our team of lawyers specialises in various professional fields and can therefore assist you in all the aforementioned matters.
Each construction protagonist has its own specific difficulties and peculiarities.
For example, the profession of architect is protected and also highly regulated since the introduction of the law of 20 February 1939. Since the law of 15 February 2006, also known as the Laruelle law, the protection of the profession of architect in the context of a legal person has changed. On 12 June 2024, the Laruelle law was reformed, ensuring that architects have more entrepreneurial freedom.
In turn, the Breyne law provides broad protection for the building owner who relies on a general contractor to carry out works. The law obliges the contractor to inform the builder about important aspects of the contract, provide a guarantee, etc. It also obliges the promoter, in addition to fulfilling some specific information obligations, to request payment in instalments only according to the progress of the work.
In addition, the FPS Economy sets a number of specific conditions that a contractor must meet to be eligible to perform a public contract. These include technical competence, financial capacity and professional integrity.
Of course, there are even more prevailing regulations applicable than those listed above. With our years of experience and in-depth knowledge of the construction industry, we will be happy to help you with all aspects within ‘building contracting’, so that you can focus on realising successful construction projects.
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If you would like more information, a personal conversation is the most appropriate way to do so. You can always make an appointment by phone or e-mail, or contact us directly.