UAV 2012: 5 Key Provisions for Contractors

You sign a construction contract. At the bottom, it says: “The UAV 2012 applies.” For many contractors, this feels like standard practice—something that just goes with the territory. But these terms and conditions can make the difference between profit and loss, between a smooth project and a legal battle.

The UAV 2012 consists of dozens of sections. Not everything is equally relevant, but certain clauses crop up in virtually every dispute. As a contractor, you need to know them—not to play lawyer, but to understand where you’re vulnerable and when you need to take action.

1. Additional and Reduced Work (Sections 35 and 36)

This is one of the most common points of dispute in the construction industry. Something extra is requested, or conversely, something is omitted, and a dispute over the price arises afterward.

The UAV 2012 is clear on this: as a contractor, you must report additional work in a timely manner. If the client requests additional work that is not included in the original contract price, you must immediately indicate that this is additional work and that it entails extra costs.

If you fail to do so in a timely manner, you will no longer be able to make a claim later. The court will assume that you accepted the work for free.

The same applies to reduced scope of work: if certain work is no longer required, you, as the contractor, must make a reservation. Otherwise, the contract price will not be adjusted.

Practical tip: Document everything. After every meeting or instruction in which additional or reduced work is discussed, send a confirmation email. Explicitly state that it concerns additional or reduced work and what the financial consequences are.

2. Extension of the completion period (Section 26)

Delays on construction sites happen. Bad weather, coordination issues, unexpected soil conditions. But not every delay entitles you, as a contractor, to an extension.

The UAV 2012 stipulates that you must notify the client immediately if you anticipate that you will not meet the completion date. “Immediately” means: as soon as you could reasonably have known.

If you wait too long to report it, you lose the right to an extension. And if you deliver late without a valid reason, you may face a fine or a claim for damages from the client.

Practical tip: Always report delays in writing, as soon as possible. Also state the cause and the expected impact on the schedule—even if you think you can still make up the lost time.

3. Completion and Defects (Sections 9 and 12)

Completion is a crucial moment. From that point on, the risk transfers to the client, and the warranty period begins.

The UAV 2012 recognizes several forms of acceptance:

• Express acceptance: the client declares in writing that the work has been accepted
• Implied acceptance: the client begins using the work without reservation
• Acceptance with reservations: the work is accepted, but there are still defects that you must repair

Please note: as the client, they can begin using the work without your permission. This can lead to implied acceptance, even if you personally believe the work is not yet complete.

Defects must be reported within the warranty period (usually 6 months for visible defects, longer for hidden defects). However, disputes over what does and does not constitute a defect are common.

Practical tip: Always prepare an acceptance report that clearly states the status of the work. Which items are complete, and which are not? What are the outstanding issues? Have the client sign to confirm acceptance, or document it if they refuse to do so.

4. Payment and Suspension (Sections 29 and 30)

The client must pay according to the agreed-upon installments. If they fail to do so, you, as the contractor, have the right to suspend the work (Section 29 of the UAV).

However, strict conditions apply here as well:

• You must first send a written notice of default
• The client is given a period to make the payment (at least 8 days)
• Only then may you suspend work

Please note: if you suspend work too quickly, without following the proper procedure, you may be in default yourself. And that can lead to fines or claims for damages.

Also important: the UAV 2012 gives the client the right to suspend payments if they believe the work is not being performed as agreed (Section 30). This can lead to a stalemate: you want to be paid, but the client claims the work is not up to standard.

Practical tip: Always send invoices immediately after a construction phase or milestone is completed. Don’t wait until the end of the project. And if payment is not received, send a payment reminder within a week, followed by a formal notice of default.

5. Dispute Resolution and Arbitration (Section 49)

If things really go wrong and you can’t resolve the issue between yourselves, the UAV 2012 specifies how disputes are settled. By default, construction disputes do not go to a regular court, but to the Arbitration Board for the Construction Industry.

Arbitration differs from court proceedings in several key ways:

• It is usually faster (but not always cheaper)
• The award is final: you cannot appeal
• The arbitrators are specialists in construction law
• The procedures are less formal than in court

But the same rule applies here: if you failed to report the issue in a timely manner or did not follow the contractual steps properly, you may still end up empty-handed in arbitration.

Practical tip: Keep all correspondence from the start of the project. Emails, letters, WhatsApp messages, minutes from construction meetings. In arbitration, it often comes down to who said or wrote what and when.

The UAV 2012 as a Tool

The UAV 2012 is not intended to restrict you as a contractor. It is a tool. If you understand how the terms and conditions work, you can use them to protect your position.

That means: being aware of both your rights and your obligations. Knowing when you must report an issue, when you can suspend work, and how to handle project handover. And above all: documenting everything.

Because at the end of a dispute, it’s not about who shouts the loudest, but about who can best demonstrate that they acted according to the rules.

Need help with a UAV dispute?

The UAV 2012 contains many details and exceptions. This article provides an overview of the most important clauses, but every situation is different. Are you involved in a dispute, or do you want to prevent one from arising? Then contact us for tailored advice.