Article 7:758(4) of the Dutch Civil Code · handover file · maintenance period
Compare construction all risks (CAR) insurance
CAR insurance covers the structure itself, regardless of who is at fault. Since the Building Quality Assurance Act, however, the question of what happens after handover has become at least as important.
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In brief
Construction all risks insurance covers damage to the works in progress: collapse, theft of materials, storm, fire and errors during construction. Unlike liability cover, nobody has to be at fault; the cover follows from the damage itself.
The policy consists of sections. The work is the basis; alongside it you choose liability, existing property belonging to the client, ancillary plant and personal property. On renovation work the existing property section is indispensable: that is the building you are working on, and on an AVB it falls under care, custody and control.
Since the Building Quality Assurance Act (Wet kwaliteitsborging voor het bouwen, Wkb) your position after handover has changed fundamentally. Under Article 7:758(4) of the Dutch Civil Code you as contractor are liable for defects that were not discovered at handover, unless those defects are not attributable to you. The burden of proof therefore lies with you.
The structure of the cover in three parts, with an overview per situation below.
The basics
The works
Damage to the structure under construction, whatever the cause or fault.
Collapse and structural faults
Theft of materials
Storm, water and fire damage
On renovation work
Existing property
The client's building or installation that you are working on.
Damage to the existing building
Adjoining properties
Excluded on the AVB as care, custody and control
After handover
Maintenance period
Damage in the period after handover, in limited or extended form.
Limited: during remedial work
Extended: also where it arose during construction
Duration of your choice
What is covered
Situation
CAR
AVB
Collapse of the works in progress
Yes
No
Theft of materials from the site
Yes
No
Damage to the existing building you are working on
Sometimes
No
Injury to a passer-by
No
Yes
A latent defect that emerges after handover
Sometimes
No
Putting right your own defective work
No
No
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
After handover the burden of proof lies with you
Before the Building Quality Assurance Act, the contractor was not liable for defects the client should reasonably have discovered at handover. Under Article 7:758(4) of the Dutch Civil Code that has been reversed: you are liable for defects that were not discovered at handover, unless you show that they are not attributable to you. Whether the client had expertise is no longer decisive.
The handover record is your most important document
The legislator regards the handover record as evidence of what was visible at handover. Defects listed in it fall outside your liability after handover. In practice it is precisely the most obvious defects that often go unrecorded because they are clear to everyone — and those are then the ones missing from your file. Write them down.
Handover file, duty to warn and duty to inform
The Wkb brought more than just the latent defects rule. The duty to warn in Article 7:754 DCC has been tightened and must be given in writing and unambiguously. A handover file was added in Article 7:757a DCC. And under Article 7:765a DCC you have to inform a private client, in writing and unambiguously, whether and how your liability is covered by insurance or other financial security. That last obligation therefore makes your CAR and AVB cover part of your contract documentation.
Continuous or per works
If you carry out several works a year, a continuous CAR policy saves administration and prevents a works from being forgotten. There is a maximum contract sum per works; above that you notify separately. For occasional or exceptionally large projects, a single-project policy per works is more suitable.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
What is the difference between a CAR policy and an AVB?
The CAR policy covers the works itself, regardless of who is at fault. The AVB covers your liability for damage to other people's property and injury to others. On a renovation you need both: the AVB excludes damage to the building you are working on as care, custody and control, and the existing property section of the CAR policy fills that gap.
Am I still liable after handover?
Yes. Under Article 7:758(4) of the Dutch Civil Code you are liable for defects that were not discovered at handover, unless you show that they are not attributable to you. That is a reversal of the old position, in which the risk after handover in principle lay with the client.
What has to go in the handover record?
Everything that is visible at handover, including what seems obvious. The legislator regards the handover record as evidence of visibility; whatever is not in it may later be at your expense as an undiscovered defect.
What is the maintenance period?
The period after handover during which the policy still provides cover. Limited means only damage you cause during remedial work. Extended also covers damage that only becomes apparent afterwards but arose during construction. On handovers to private clients, extended is usually the right fit.
Do I have to inform my client about my insurance?
With a private client, yes. Article 7:765a of the Dutch Civil Code requires you to state in writing and unambiguously whether and in what way your liability for attributable defects is covered by insurance or other financial security.
Is putting right my own work covered?
No. Redoing your own defective work is a business risk. The damage it causes to other parts or to the existing building can be covered.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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