General terms and conditions have traditionally been used very frequently in the construction industry. This is because the law contains very few rules on contracting work and thus on building contracts. For relatively small projects without a supervisor, the General Conditions of Contracting Work (AVA) of Bouwend Nederland are often used. Why have these rules changed and are you obliged to use the new version? Lieke Daam - van Doorn gives a short and clear explanation.
Why is there a new version of the AGM?
Because the upcoming Building Quality Assurance Act (Wkb) requires some adjustments. In addition, the last version is already almost ten years old. So it was high time for an update.
Two versions
For the first time, the drafters chose to create a version for business agreements and a version for consumer-client agreements.
The terms and conditions for business-to-business (B2B) agreements have remained substantially the same as the earlier versions of these terms and conditions, but the terms and conditions exclusively for consumer-customers (B2C) are new.
In the B2C version, legal jargon has been avoided as much as possible and the drafters have succeeded well in drafting a set of terms and conditions in very understandable language. Presumably, these terms and conditions will raise far fewer questions among consumer clients.
Should I use the new version?
If you are a contractor working with the AGM, we recommend using the new version of the AGM (and the accompanying model agreement with explanatory notes) when entering into new contracts . Your contracts will then be legally up-to-date given the upcoming Wkb and recent case law on consumer rights.
Be sure to provide the AGM 2023 to your principal no later than the conclusion of the contracting agreement. It is also best to have your principal sign for receipt of it. This will prevent later discussions with your client about whether the client is bound by the AGM 2023.
Where can I find the new version?
The revised versions of the AGM 2023 are available on the Bouwend Nederland website at this link.
Do you have questions about the content or use of the new AGM? Contact our specialists in contracts and general terms and conditions in construction or by using the contact form below. We will be happy to provide further explanation.
