Article 7:761 Dutch Civil Code, Book 7
Artikel 761 Burgerlijk Wetboek Boek 7 (BW) – unofficial English translation
Boek 7 · Division 1. Contract for work in general
Paragraph 1
Any right of action in respect of a defect in the work handed over is time-barred on the expiry of two years after the client has protested in that regard. If the client has set the contractor a period within which the contractor may remedy the defect, the limitation period does not start to run until the end of that period, or so much earlier as the contractor has indicated that it will not repair the defect.
Paragraph 2
The right of action is in any event time-barred on the expiry of twenty years after completion in the case of contracts for construction work and on the expiry of ten years after completion in all other cases.
Paragraph 3
If, pursuant to the preceding paragraphs, the right of action would become time-barred between the time at which the contractor informed the client that it would investigate or repair the defect and the time at which it evidently regards the investigation and the attempts at repair as ended, the limitation period is extended in accordance with Article 320 of Book 3.
Paragraph 4
Paragraphs 1–3 do not affect the power of the client to invoke, against a claim for payment of the price, the client's right to a reduction of that price by partial rescission of the contract or to damages.
Unofficial translation. This English text is an unofficial translation provided for information only. Only the Dutch text is legally authentic: Artikel 761 Burgerlijk Wetboek Boek 7. Checked against the Dutch text in force on 12 October 2026.
Dutch case law
133 Dutch court rulings cite this article. View the rulings (in Dutch)