Title 12
in forceContracting for work
Section 1
Contracting for work in general
Contract for services (aanneming van werk) is the agreement whereby one party, the contractor (aannemer), undertakes towards the other party, the…
The contractor is authorised to have the work performed by others under his supervision, and, with regard to components, also to delegate the…
If the price has not been determined at the time of the conclusion of the agreement or if only a target price has been determined, the client shall…
If, after the conclusion of the contract, cost-increasing circumstances arise or come to light without this being attributable to the contractor, the…
The contractor is obliged, upon entering into or performing the contract, to warn the client of inaccuracies in the assignment insofar as he knew or…
In the event of additions or changes to the agreed work desired by the principal, the contractor may only claim an increase in the price if he has…
If, prior to the established time of delivery, it becomes probable that the work will not be delivered on time or in a proper manner, the court may…
If the performance of the work becomes impossible because the object on or in respect of which the work must be performed perishes or is lost without…
In the case of the construction of a building, the contractor shall, upon the notification that the work is ready to be delivered as referred to in…
If the contractor has indicated that the work is ready to be delivered and the principal does not inspect the work within a reasonable period and…
If the work, after completion, shows defects for which the contractor is liable, the principal must, unless this cannot be required of him in…
The consequences of an improper execution of the work, which is attributable to defects in or unsuitability of materials or auxiliary means used by…
Any right of action based on a defect in the work delivered shall be barred by prescription after the lapse of two years after the client has…
The liability of the contractor for hidden defects known to him which he has concealed cannot be excluded or limited, nor can it be subjected to…
If the contractor dies or becomes permanently incapacitated for work after the conclusion of the agreement, each of the parties may terminate the…
The principal is at all times authorised to terminate the agreement in whole or in part.
Section 2
Special provisions for the construction of a dwelling commissioned by a natural person not acting in the exercise of a profession or business
This Section applies to the contracting of work (aanneming van werk) for the construction of a dwelling, consisting of an immovable property or a…
Before the client is bound by an agreement as referred to in Article 765 or by an offer to that effect, the contractor shall inform the client in…
An agreement as referred to in Article 765 shall be entered into in writing.
The principal may only be required to make payments that, at least approximately, correspond to the progress of the construction or to the value of…
The principal may, without invoking Article 262 of Book 6 and while retaining his right to delivery, withhold a maximum of 5% of the contract price…
It is not permitted to deviate from this Section, nor from Article 262 of Book 6 insofar as necessary for the application of Article 768, to the…