Opleveringsgebrek

A defect identified upon completion refers to a shortcoming in the works executed that is established during handover. Under Dutch law, and in particular in contracts for work, the contractor is required to deliver the works free from defects that diminish their value or usability. At handover, the employer may record any visible defects, following which the contractor must carry out the necessary rectification.

This concept is significant because it marks the point at which responsibility for the works transfers and the defects liability period begins. In practice, a defects list is frequently prepared, setting out those items that must be remedied within a reasonable period in order to avoid further claims or the exercise of retention rights.