Does signing an acceptance protocol waive the right to claim hidden defects?

Generally no. Acceptance closes out visible snags that were known and not listed, but hidden defects discovered after handover can still be claimed under the warranty period or statutory conformity rules.

What happens if the client refuses to sign?

The contractor should document the refusal and the reasons given in writing. Under UAV 2012 and general contract principles, an unreasonable refusal may itself constitute a breach by the client, and risk may still transfer by operation of the contract.

When does the warranty period start -- at signing or when snags are fixed?

This depends on the contract. Most standard conditions such as UAV 2012 start the warranty period from the date of acceptance, not from the date snags are remedied, so check the specific wording.

Must an acceptance protocol be in writing?

There is no statutory writing requirement, but written protocols are essential as evidence. An oral acceptance can be hard to prove and leaves the timing of risk transfer disputed.

Does acceptance also release retention money?

Often yes, but the contract may provide that a percentage of the retention is held until all snags on the protocol are remedied. Check the payment and retention clauses carefully.

Acceptance protocol

A formal record by which the client accepts delivered work, often listing snags to be remedied.

Définition

An acceptance protocol (or delivery report) documents the moment a contractor hands over work and the client accepts it, frequently recording outstanding defects to be remedied within a set period. In Dutch construction practice it marks the transfer of risk and triggers warranty and payment-retention periods. The procedure rests on contract and standard conditions such as the UAV 2012 rather than a single statutory provision.

Exemple

At handover the parties sign an acceptance protocol listing three minor snags, which the contractor must fix within fourteen days.

Pourquoi c'est un risque pour l'entreprise

Without a signed acceptance protocol, disputes about when the work was formally accepted -- and therefore who bore the risk of damage afterwards -- can drag on for months. Unclear acceptance also delays warranty and payment-retention periods from starting, leaving payment terms uncertain and commercial relationships strained.

Comment le gérer

Schedule a formal inspection at handover with both parties present and document every finding in writing on the same day.
List each snag with a description, responsible party and agreed remedy deadline so there is no ambiguity about what must be fixed.
Store the signed protocol together with the underlying contract so the acceptance date and any outstanding obligations are traceable at any future point.
Set a milestone reminder for the snag-remedy deadline so you follow up before the cure period expires.

Foire aux questions

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