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
Terminating an Agency agreement by the Principal
An agency agreement (“Agency Agreement”) may be terminated with or without cause and below you will find a practicable explanation on which steps need to be considered. Please note that terminating an Agency Agreement may be done through the Cantonal Courts or by taking extra-judicial steps as set out in article 6:265 of the DCC. The EC directive (86/653/EEG) is implemented in the Netherlands in articles 7:428 to 7:455 of the Dutch Civil Code (“DCC”), which is mostly compulsory law, which means that deviation by agreement is generally not possible and that these provisions are overriding. This article will only address the situation where the Principal terminates or rescinds the Agency Agreement. My next article will address the situation of the Agent.
The shareholders’ agreement: what if agreements are not kept?
In my previous contributions "A shareholder agreement to make your startup investor-proof" and "The shareholder agreement: some practical tips" I already wrote about the usefulness and necessity of the shareholder agreement. In order to avoid conflicts with, for example, future investors, it is wise to make good agreements about the cooperation. Not only agreements about the positive aspects of the cooperation, but above all agreements about what should happen if the cooperation does not go as expected.
Bill on Homologation Private Placement Significant change in insolvency law is imminent
A very important change in insolvency law is imminent. This change concerns the possibility of a debtor's offering a composition to creditors. In the current situation, there is only an arrangement for the compulsory imposition by the court of an arrangement with creditors in suspension of payments or bankruptcy. In the Bill on the Homologation of Private Agreements (WHOA), the possibility has been included that a compulsory composition without a moratorium or bankruptcy can be concluded. This will drastically change the possibilities for resolving problematic debts. This change is important for debtors, but also for their providers of capital, such as creditors and shareholders.
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