Construction and Monuments

With extensive experience, De Clercq can assist in legal matters related to:

  • Construction: From negotiations, liability, design errors, extra work, retention rights, suspension, and more;
  • Project Development: Contracts, transactions, and investments;
  • Tendering: Both advising and litigating in various tendering procedures, in both the construction and civil engineering sectors;
  • Monuments: Advising and litigating on your rights and obligations as the owner or manager of a monument property. Visit our dedicated website monumentenrecht.com;
  • Property rights such as leasehold, building rights, and easements;
  • Apartment rights and HOA management: Rights and obligations of owners, managers, and directors;
  • Healthcare real estate: From building regulations for ‘cure’ and ‘care’ to the separation of housing and care.

Purchase and lease

De Clercq continuously assists clients in:

  • Buying and selling: advising and handling conflicts, including performance, dissolution, disputes over hidden defects, neighbor rights, etc., for projects, homes, and commercial properties;
  • Renting and leasing: advising and drafting contracts, handling disputes regarding payment issues, eviction, Leegstandswet (Vacancy Act), determining rental prices and service charges, maintenance disputes, for both commercial properties and residential and other real estate.

Administrative Law, Permits, Supervision, and Enforcement

De Clercq regularly advises and litigates on government decisions (both in real estate and other areas) by the State, provinces, municipalities, water boards, and independent administrative authorities (e.g., Dutch Food and Consumer Product Safety Authority). This includes:

  • Laws and regulations for specific policy sectors.
  • Government actions, planning damage, and government liability.
  • Subsidies.
  • Spatial planning, housing, infrastructure, environment, nature and water, Environmental Law, permits for construction and other developments, exemptions, zoning plans, and regulations.
  • Enforcement issues (fines or other types of administrative coercion), and forced closure of properties (Opium Act).

Cases

Construction and Contracting
De Clercq has assisted many clients in disputes related to construction and contracting, representing both contractors (main contractors, subcontractors, architects, and builders) and clients (both companies and individuals). Disputes related to completion, delays, extra work, cost-increasing circumstances, payment problems, retention rights, and post-construction building issues are common cases.

Advice on Intended Project Development, Construction, and Use Possibilities
De Clercq has helped many clients achieve their intended project development, building, and use possibilities, providing advice on various spatial aspects, engaging with various involved authorities (both administrative and political levels), handling relations with other stakeholders, and representing clients in legal proceedings related to objections, appeals, and higher appeals in courts and the Council of State.

Rental Advice and Disputes
Providing advice and handling disputes related to rentals is also a daily practice for De Clercq. This includes advising and drafting lease agreements and other agreements regarding real estate use for both commercial properties and residential properties. The firm represents property owners, investors, housing associations, and tenants in advising and litigating during lease agreements, covering rent prices, use, and adjustment of lease agreements. Regular eviction procedures and other procedures related to non-payment and termination of lease agreements, continuation (e.g., subletting in the case of business sale), and disputes over delivery are also part of their expertise.

Monuments
De Clercq provides various advisory services regarding monuments for owners, users, and governments. The limitations imposed by a monument are often daunting for many owners, and the firm regularly advises and litigates on monument designations, lifting or changing the status of a monument, and intended adjustments to a monument.

Advisory Services on Government Supervision and Enforcement
Advising on the supervision and enforcement of various government bodies, both at the national and local levels, is a common practice for De Clercq. They handle common cases such as administrative coercion, fines, and imminent government intervention.

References

"We have been a client of De Clercq as a contractor for many years and have been well assisted. With their extensive experience and objective and creative approach to matters, potential issues have been frequently averted, and solutions have been achieved that we could not have reached on our own."

"As landlords of various real estate, we frequently require a sparring partner for the structuring of lease arrangements and when dealing with issues involving tenants. De Clercq is well-versed in regulations and case law, possesses extensive knowledge, is practical and goal-oriented, and importantly, achieves results, both in reaching agreements and in terminating leases."

"Our organization operates several monuments and frequently encounters limitations that were not always resolvable through discussions with the government. De Clercq has assisted us on multiple occasions, providing insightful advice that has, at times, secured cooperation from the government. Additionally, De Clercq has successfully obtained results for us in legal proceedings. We highly recommend De Clercq for owners of monuments."

"My company has had several negative experiences with government actions in the past, with significant consequences. Fortunately, De Clercq started assisting us, and that has resulted in resolving several lingering issues satisfactorily, allowing our company to move forward. Without De Clercq, we would not have been able to achieve this."

"De Clercq has been instrumental in helping us achieve a spatial development we envisioned in the past. They not only supported us in objection procedures and appeals in court but also contributed to the strategy and communication, actively participating in discussions with various involved organizations, including the municipality, the environmental agency, the province, and the water board. Ultimately, everything was successful, and we continue to reap many benefits. In addition, De Clercq is a valuable resource for us, regularly assisting with a variety of issues that we, as entrepreneurs, encounter."

We work with

Monumentenrecht
University Leiden
VBR-A advocaten