Construction Law
- Disputes with contractor
- Additional works (largest number)
- Disputes architect
- Contracts
- Hidden defects / Warranty
- Disputes with completions
- Subcontracting
- Contractor liability
- Ten-year liability
- Flat right
- Co-ownership
- Purchase sales promise
- Construction contract
- Direct claim
Construction Law
Bannister lawyers is a specialist in construction and contracting law. Bannister's construction law team will be happy to assist you from A to Z in construction disputes: from negotiation, mediation, to drafting and reviewing contracts, to defending your interests in court proceedings (whether you want to sue yourself, or have been subpoenaed) and/or assisting in an expert appraisal with a court expert.
Construction law lawyer Mr. Eveline Van Laere (a lawyer since anno 2010) and her team will be happy to assist you.
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Building/or remodelling is not just about delivering a beautiful structure. Construction professionals today must try to find their way through a maze of regulations. Contractors, in a competitive market, are often pressured to charge competitive prices so that timely payment of their invoices is also crucial. The client, on the other hand, often pays a lot of money for his dream house and therefore wants it to be built according to the agreements. The client often has little understanding for subcontractors who do not show up or materials that are not delivered on time. The client also expects (and not unjustifiably so) that everything will be executed. according to the rules of the art. There is no margin for error.
The wishes of the two often fall hard to reconcile. Tempers often flare high, after which one party takes the other to court, be it in payment of bills or in repairing (hidden) defects. Although go to court for sure is not always the best solution, it is sometimes unavoidable. Some parties are stubborn. However, the consequences of that action are often undesirable. A lengthy court proceedings, an expensive court expert and a shipyard lying idle.
It is therefore relevant to discuss the best next step with Bannister's specialists. Every situation is different and every situation and should therefore be handled differently. Bannister's specialists will be happy to assist you in this regard.
Also the architect is often targeted (rightly or wrongly) by the builder or contractor. Could the architect have noticed a construction error or not? Did the architect budget correctly? How far did the architect's brief extend?
Bannister also enjoys working in construction law as well proactive. We are happy to work with you to see how disputes can be avoided as much as possible (e.g. by drafting clear contracts or general terms and conditions, clearly defining who will do what on site, mediating or appointing a party expert).
We know what can go wrong in the yard.
- The last tranche of the final invoice remains unpaid?
- The additional works are disputed?
- The (sub-)contractor is not doing his job properly?
- The work is not delivered on time?
- Parties no longer wish to work together?
- The final bill is many times higher than expected?
With +/- 15 years of experience in the various aspects of construction law as well as corporate law, Bannister makes a difference. We are not professional idiots but think along with you as true entrepreneurs, look for a cost-efficient solution and together we ensure - to the extent necessary - that you are better armed for the future (by, for example, reviewing or (slightly) amending your contracts, working with general terms and conditions, scrutinising your existing way of working, and ad hoc assist with quick and practical (by e-mail or even telephone) advice on how to respond to protest letters, whether or not you can conclude that contract, what to send if additional work is requested, edm).
Moreover, we know both sides of the story: we have acted for construction promoters, contractors and architects on the one hand, but also for building owners and VMEs on the other. We know the sensitivities and pain points of both sides: which is a real game-changer in negotiations and proceedings. Bannister is not your average law firm; we think out of the box, including in construction disputes.
In construction law, there are also a lot of important deadlines to keep in mind. For example, the contractor can only be sued for serious stability-threatening defects (also known as ten-year liability) up to a maximum of 10 years after the delivery of a building. In addition, Article 1648 of the Old Civil Code, for example, prescribes that the er must be sued within a short period of time after discovery of the defects. The building contract or the deed of authentication often also include deadlines by which complaints must be reported so that damages can be claimed.
Bannister Lawyers' construction law team handles cases in various aspects of construction law and before all types of courts and professional orders: the justice of the peace court, the court of first instance, the company law courts, the courts of appeal, the order of architects or the Professional Institute of Estate Agents.
We assist clients daily in the following types of discussions or disputes:
- hidden defects in purchase or contracting;
- damage to the building due to fire and/or water infiltrations;
- The 10-year liability of contractors and architects;
- the (correct) application of the Breyne Act
- liability of the trustee, notary, architects and/or contractor
- the wrongful or erroneous breach of compromise or contracts
- unpaid invoices, attachment of immovable property and foreclosure of mortgages
- discussions on additional work
- direct claims against the subcontractor
- errors by subcontractors
- common wall and ladder right
- easements: right of way
You buy or sell a new home. A few months after the property was sold, defects are discovered. What now? Can the buyer recover repair costs from the seller?
Often it is a moisture problem which surfaces after a few months. But it can also be about woodworm, problems with the roof, poor plumbing, etc. For the costs of repairs to be recoverable, the buyer will have to prove that the seller knew about the problems and therefore (deliberately) concealed them, or even hid them. The authentic deed often states that the property is sold in the state in which it is, with all visible and hidden defects, except those the seller knew about and concealed. It is by no means obvious to provide such heavy evidence and, moreover, the seller will not always be able to be called to account.
If the seller is a construction professional, things are different. After all, the legislator believes that a professional seller can be expected to know about such defects, so the latter cannot escape liability for them.
Bannister is happy to assist sellers and buyers facing such a situation.
How do we proceed?
Frequently asked questions
If the builder makes changes that affect the planning or cost affect, it is important to make this change in writing. The contract should provide a procedure for change requests, with the builder agreeing in writing to the change and associated adjustments to the price and completion date. It is important to have a additional work allowance for such changes to be agreed, as well as any delays that may arise as a result. Make sure these changes are well documented to avoid future disputes.
Yes, the contractor remains responsible for carrying out the work even if a subcontractor is late. This can lead to delays and extra costs, but the contractor must still resolve the delay and meet the agreed deadline. Clear agreements with the subcontractor, including possible sanction mechanisms, are therefore essential to manage this risk.
