Construction & Property Lawyers
The construction and property sector is in full swing. Themes such as sustainable building and development, giving old office or business premises a new lease of life by changing their designated use, or creating “the home of your dreams” keep the construction sector lively and versatile. In the property sector, economic circumstances keep the margins under pressure, which means that negotiations have to be tight and prompt switching is required when it appears a party will be unable to fulfil his obligations. As a sparring partner, we are used to taking things easy one minute, only to get on with things again the next, due to time pressure.
Leeman Verheijden Huntjens Advocaten can assist you with advice and litigation with regard to disputes about selling and buying immovable property, contracting agreements, invitations to tender, construction disputes, rent disputes and neighbours’ statutory rights and obligations. Another important field of expertise is the litigation and advice about issues in the area of spatial planning.
Our client portfolio consists of contractors, project developers, landlords and housing associations.
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More about Construction & Property Lawyers
The position of the SME entrepreneur as a creditor in a WHOA arrangement
On 1 January 2021, the Homologation Underhand Arrangement Act (WHOA) entered into force. This law introduced a new restructuring instrument. Its purpose is to prevent companies from being declared bankrupt while they are still (partially) viable. The statutory scheme includes a minimum protection for (smaller) SMEs. This is also referred to as the 20% rule. In this article I will explain the position of the SME as a creditor in a WHOA settlement.
Can a cash payment made after the bankruptcy date be reclaimed?
Recently, the Supreme Court issued an interesting judgment involving two important principles of bankruptcy law, namely the principle of fixation and the principle of paritas creditorum. The case concerned a situation in which, after the bankruptcy date, a cash payment was made from the bankrupt's bank account to a creditor. The central question was whether the trustee could recover the payment from the creditor. This article discusses the case, the relevant principles and the Supreme Court's opinion.
Surveillance in the (home) workplace: what is an employer allowed?
Previously we wrote an article about the rules for camera surveillance in the workplace. The need for employer monitoring exceeds - partly in view of the corona pandemic - the mere checking of the workplace with cameras. Employers also have a need to monitor employees' browsing habits, as well as the emails they send. And, of course, they want to prevent employees from spending hours Internet shopping and watching TV at the home workplace during working hours. But isn't monitoring this a violation of the employee's privacy, especially at the home workplace? In this article, we address that question. Is an employer allowed to use monitoring tools and what rules must the employer abide by during a monitoring. To form a clear picture, we will also discuss case law.
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