BELGIUM Law and Practice Contributed by: Pieter Puelinckx, Yves Moreau, Donald Krols and Astrid Laga, Linklaters
research or project alterations due to permit requirements. Alternatively, parties sometimes agree on a price model with set minimum and maximum limits. Payment schedules are usually milestone- based, aligning with significant project stages such as design approval or delivery phases (pro - visional and final delivery), or can be structured around regular monthly or quarterly invoicing that reflects actual costs incurred during said period. 7.2 Assigning Responsibility for the Design and Construction of a Project Architects are usually responsible for (i) the pro - ject’s design, (ii) assisting in obtaining building permits required for construction and (in some instances) demolition of significant structures, and (iii) overseeing the project’s implementa - tion. An engineering consultant might contrib - ute to the studies and design. The main con - tractor handles project execution, often hiring subcontractors with no direct contractual rela - tionship with the employer. A safety co-ordinator is sometimes appointed, and in certain cases, legally required, to mitigate the risks of work - place accidents. 7.3 Management of Construction Risk The parties may agree on a two-stage work delivery: provisional and final delivery. Provision - al delivery occurs when works are free of (visible) defects, aside from minor issues ( “punch items” or “snag items” ) not hindering the property’s use. The employer arranges delivery visits with the main contractor, possibly with the architect and technical advisors present, to inspect and ensure the works meet the agreed contractual standards.
If no or only minor defects are identified, parties will approve the provisional delivery, listing any issues for the contractor to remedy, and draft provisional delivery minutes. This milestone causes the handover and acceptance of the property in its visible condition, with unreported visible defects considered accepted and not claimable later, unless specific warranty provi - sions state otherwise. After provisional delivery, the contractor remains liable for defects reme - diation during the (contractually agreed) defects liability or warranty period(s), as well as for structural defects under the statutory ten-year liability (see below). Defects in relation to techni - cal equipment (HVAC, lifts and other) are often subject to a two-years warranty period (and one year for other defects). Following remediation of minor defects from pro - visional delivery and defects identified within the contractually agreed warranty period, the par - ties will proceed to the final acceptance of the works. Typically, this term will expire one year (or two years for special technical equipment) after provisional delivery to enable the employer to uncover any (hidden) defects and verify the remediation of minor defects/issues before granting final delivery. The contractor is also liable for hidden defects discovered after final delivery, subject to a ten- year statute of limitation post-final delivery. Claims in that respect must be reported within “reasonable period” upon discovery, which will be assessed by the courts on a case-by-case basis. This liability can be adjusted (usually lim - ited) by contract. Furthermore, following final delivery, the employ - er also remains protected by a specific manda - tory ten-year liability provided for in the Civil Code and pursuant to which the architect and
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