Article 7:758 Dutch Civil Code, Book 7
Artikel 758 Burgerlijk Wetboek Boek 7 (BW) – unofficial English translation
Boek 7 · Division 1. Contract for work in general
Paragraph 1
If the contractor has indicated that the work is ready to be handed over and the client does not, within a reasonable period, inspect the work and accept it, with or without reservation, or reject it while stating the defects, the client is deemed to have tacitly accepted the work. After acceptance, the work is deemed to have been handed over.
Paragraph 2
After completion (handover), the work is at the risk of the client. Consequently, the client remains liable for the price, regardless of the perishing or deterioration of the work through a cause not attributable to the contractor.
Paragraph 3
The contractor is released from liability for defects which the client ought reasonably to have discovered at the time of completion.
Paragraph 4
By way of derogation from paragraph 3, in the case of contracts for construction work, the contractor is liable for defects that were not discovered at the completion of the work, unless these defects are not attributable to the contractor. No derogation may be made from this paragraph to the detriment of the client, in so far as the client is a natural person who is not acting in the course of a profession or business. In other cases, derogation from this paragraph to the detriment of the client is possible only if this is expressly included in the contract.
Unofficial translation. This English text is an unofficial translation provided for information only. Only the Dutch text is legally authentic: Artikel 758 Burgerlijk Wetboek Boek 7. Checked against the Dutch text in force on 12 October 2026.
Dutch case law
426 Dutch court rulings cite this article. View the rulings (in Dutch)