Construction liability statement.
A construction liability statement is a letter in which you hold the contractor or the client of the contractor liable in advance for possible damage to your private property or business real estate. This as a result of the construction work that will be carried out. To be legally certain in the Netherlands that the construction liability statement reaches the person or company for which it is intended, you can have the construction liability statement served as a summon by a high court bailiff of proofreport. In the Netherlands this is the most secure way and carried out every day by bailiffs in all kinds of cases.
Why.
If risky work is performed in the surroundings of buildings such as pile-driving, pumping or heavy traffic, there is a risk of damage to your property. Damage can consist of cracking due to subsidence or vibrations. A building construction liability statement must always be carried out prior to the work.
If during or after the execution of the work there is a suspicion of damage to surrounding buildings you can hold the construction company liable. It would be even better if you have a proofreport made which can be used to check whether the damage such as cracking was already present before the start of the work. The construction company of its client can then be held liable for the damage and the and process to repair damages.
When.
It is only sensible to write a construction liability statement in the Netherlands prior to the work to be carried out. A building construction liability statement can be commissioned by the implementing party but also by the neighboring tenant or owner. If damage is caused to or in the building after the construction project has been set up, a post inspection is necessary to record the situation.
Certainty.
We advise you to have a construction liability statement drafted and served as a certified bailiff document by one of our bailiffs authorized by dutch law for this purpose. This gives you a legal guarantee that the document (1) has been drawn up correctly and (2) you have the guarantee that the document reaches the person or company for whom it is intended. A registered letter and a deed of deposit with a notary are therefore not necessary.
Costs.
Having a construction liability statement released in The Netherlands by a bailiff of proofreport will cost you €83,16 ex vat.
Direct request.
Feel free to ask us for a quote or any other service with regard to the construction liability statement.
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