When structural damage occurs and disputes arise, forensic engineers have to search for the causes of this damage to find out who can be held liable for it. Legal systems must provide an adequate, reasonable, effective and complete way to solve these disputes. Each country has its own system with advantages and disadvantages. This paper provides an overview of the Dutch legal system concerning liability, dispute resolution and insurances. These themes will be illustrated by quantitative research data, a comparison between the Netherlands and England and by discussing advantages and disadvantages of rules, such as reasonableness and influences on structural safety. In this way, the aim is to share knowledge and contribute to the discussion regarding the legal and judicial framework relating to structural damage.
Article navigation
August 2015
Research Article|
August 01 2015
Legal matters related to structural damage in the Netherlands
Wouter Boot, MSc, LLM;
Wouter Boot, MSc, LLM
Civil Inspection Engineer
Iv-Infra, Sliedrecht, the Netherlands
Search for other works by this author on:
Karel Terwel, MSc, PhD;
Karel Terwel, MSc, PhD
Director, Lecturer and researcher in structural design and safety
Coenraedt B.V., Rotterdam, the Netherlands
Faculty of Civil Engineering and Geosciences, Delft University of Technology, Delft, the Netherlands
Search for other works by this author on:
Hugo Strang, LLM
Hugo Strang, LLM
PhD Researcher
Dutch Institute for Construction Law, The Hague, the Netherlands
Search for other works by this author on:
Publisher: Emerald Publishing
Received:
September 01 2014
Accepted:
January 05 2015
Online ISSN: 2043-9911
Print ISSN: 2043-9903
ICE Publishing: All rights reserved
2015
Proceedings of the Institution of Civil Engineers - Forensic Engineering (2015) 168 (3): 117–126.
Article history
Received:
September 01 2014
Accepted:
January 05 2015
Citation
Boot W, Terwel K, Strang H (2015), "Legal matters related to structural damage in the Netherlands". Proceedings of the Institution of Civil Engineers - Forensic Engineering, Vol. 168 No. 3 pp. 117–126, doi: https://doi.org/10.1680/feng.14.00017
Download citation file:
New and popular articles
Suggested Reading
The liability for employers for the conduct of their employees – when does an employee’s conduct fall within the “the course of employment”?
Human Resource Management International Digest (October,2016)
Briefing: Recent developments in construction and engineering insurance law
Proceedings of the Institution of Civil Engineers - Management, Procurement and Law (January,2017)
Auditor liability to third parties: an international focus
Managerial Auditing Journal (November,2000)
Building Surveys (CIOB Construction Paper No. 89:1998)
Structural Survey (December,1999)
Internationalisation of perceptions of litigation risk
Managerial Auditing Journal (March,2001)
Related Chapters
The Territorial Social Responsibility in the City of Volta Redonda, Brazil: The Case of CSN
The Governance of Risk
Design, Professional Indemnity Insurance, Intellectual Property Rights
BIM: Contractual and Legal Perspectives
The Effects of the Accounting Reclassification of Members’ Shares in Cooperatives: An Approach
Accountability and Social Accounting for Social and Non-Profit Organizations
Recommended for you
These recommendations are informed by your reading behaviors and indicated interests.
