“If you end up in the tombola of litigation, you have already done something wrong when drafting the contract.”
Contact
Barnsteen Advocatuur is the trade name of Jan Van Duijvendijk. As far as I am concerned, all contacts with you are low-threshold and direct. Please do not hesitate to call me for an introductory meeting.
Barnsteen Advocatuur Mr. J. (Jan) van Duijvendijk, lawyer Steijnlaan 1 3743 CH Baarn Postbus 782 3740 AT Baarn
Barnsteen Advocatuur cannot receive third-party funds because Barnsteen Advocatuur has no third- party funds foundation available.
Barnsteen Advocatuur is insured for professional liability and replacement in case of absence of mr. Van Duijvendijk is guaranteed according to the applicable rules.
Legal areas: Barnsteen Advocatuur is registered for the areas of procurement law, construction law, real estate law and contract law.
New construction, renovation and transformation
New construction is a relatively straightforward, technical and legal affair. How different is the renovation or transformation of an existing building that may contain hidden technical defects? Just think of the various uncertainties such as reinforcement, construction issues and pollution (soil contamination, asbestos). Where are the pipes located, what is the wear & tear status?
Simple old-school contracting agreements will not suffice. What is needed, in addition to alert acting by the designing and executing parties, are integrated contracting forms.
Forearmed, staying out of court
Legal practice is mostly about proper preparation of a project beforehand - not litigation. This means that it is better to engage Barnsteen Advocatuur in the early stages of negotiations, when the impact of proper legal advice is instrumental and the payoff of a clear contract is the highest. It goes without saying that we will take a close look at case law and that we know the textbooks. In order to stay out of court, it is vital to draw up appropriate contracts for the commercial practice of parties who join forces.
Contract as a railway timetable
If everyone sticks to the arrangements that are made, does everything in the proper sequence, and in accordance with the agreed and well-considered planning, success is guaranteed. In most cases, there are several ways of taking up a matter. But if you jointly agree on a specific way to go forward, you cannot deviate from it at a later stage. As a matter of fact, a contract serves the same purpose as a construction drawing. It is like a railway timetable, enabling all parties involved to see at all times what to do under specific circumstances - and not to check what should have been done in retrospect after things have already gone wrong.
Lateral thinking and creativity
The legal world and the litigation practice, even the Judiciary, often talk about the wonders of ‘mediation’. But what is mediation really? Considering the individual interests of stakeholders with an open mind and arriving at a voluntary solution. That is a lot easier to do before the atmosphere turns sour. Well then, why not use these mediation techniques during the preparatory stages of a project? Lateral thinking and creativity, that is what matters.