A review of recent decisions on late delivery and penalty (boetebeding) claims under the Dutch Civil Code.
Many businesses — large and small — hold a huge source of great ideas that can help them improve, innovate and grow, yet so many never think of using this valuable corporate asset: their own people.
In the new-build property context, late delivery and contractual penalty (boetebeding) claims remain a recurring source of dispute between purchasers and developers. Recent case law under the Dutch Civil Code (Burgerlijk Wetboek) continues to refine how the agreed penalty is applied and from which date liability runs.
Purchasers should understand their rights under the deed of sale and the koop-/aannemingsovereenkomst, while developers must manage delivery timelines and documentation carefully to limit exposure.