Four changes to the model contract
I. Security (Article 4)
Article 4: The Acquirer is required to provide security for the performance of its obligations to the Contractor under the agreement. This security may be provided in various forms such as a deposit or bank guarantee
Change
The security may also be provided by means of a "security equivalent to the deposit." Consider, for example, the establishment of a pledge or mortgage right. This can be a valuable addition for practitioners as we increasingly see consumers struggling to obtain financing and the strict rules and conditions attached to it.
II. Inspection of state of (un)workable working days (Article 6)
Article 6: The parties will agree on a number of workable working days within which the home will be delivered.
Change
At the request of the transferee, the Contractor must provide access to its records on the status of (un)workable working days. The registration must be well substantiated. The Contractor may also count with half (un)workable working days.
Action Item
Realize a standard format on the basis of which the (un)workable working days per project are kept up to date and substantiated (with weather data and impact on the planning), so that insight can be offered to the Acquirer without this entailing a considerable administrative burden. Please note that half working days may be used.
III. Greenery (such as a sedum roof) is covered by the guarantee scheme (Article 14)
Article 14: The work mentioned in Article 14 is excluded from the Woningborg guarantee and warranty scheme for new construction, including the construction and quality of green spaces.
Change
The "construction and quality of green spaces" exclusion does not apply if the green spaces are functional and inseparable from the house on apartment building. That is, the green space cannot be removed from the building without significant damage. Consider, for example, a sedum roof. So the Woningborg guarantee and warranty scheme for new construction does apply to a sedum roof.
IV. The receipt statement (closing model agreement).
By signing the model agreement, the Acquirer declares that it has received the applicable general conditions, general explanatory notes, warranty and guarantee regulations and other included sales documents and/or errata.
Change
At the end of the model agreement is included in red the phrase "The Acquirer should not sign for receipt of the aforementioned documents until after they have actually been received by the Acquirer." This emphasizes the importance that the Acquirer should only sign the agreement once she has actually received all the accompanying documents.
The Quality Assurance Act (Wkb).
As of Jan. 1, 2024, the Building Quality Assurance Act came into effect. Changes follow from this Act that apply to all building contracts signed between a contractor and a private client from January 1, 2024. The model agreements of Woningborg have been adapted to the Wkb in terms of terminology and the general terms and conditions also contain a number of changes of a more fundamental nature.
Tips for practice
Make sure that the changes are known within your organization and set up your organization accordingly so that there are no unexpected surprises. For example, make sure that:
- A standard format is used to record substantiated unworkable days for each project so that this can be easily provided to the client (if necessary);
- the software you use is set up in such a way that the documents (including the general terms and conditions) provided with the agreement are attached as standard and that in the future (at least 20 years after completion) it is demonstrable which documents have been provided to the client. This also applies to documents upon completion;
- if you have a sedum roof (or other green space attached to the home) realize that the warranty and guarantee scheme applies to this facility.
