Frequently asked questions

This question relates to various notification provisions in NS 8405, NS 8407, NS 8415 and NS 8417.

The provision states, first of all, that so-called “due process” residence is acceptable. One should be given the opportunity to obtain a certain overview of the situation before either notifying or responding to an alert. However, you can't spend too long trying to get an overview. That is why we say - as the great general rule - that one has a few days, but not weeks and in any case not months. Sometimes you can acquire knowledge in just a few days, while in particularly complicated situations, such as involving a multidisciplinary team, you can spend a little longer. Since the answer must be general, we would advise anyone to remember; we are talking about days, not weeks or months.

We have written about this in the collection of articles. For all standard contracts, change orders may always be issued by the person designated as the party's representative or by someone who has been specifically authorized to issue modification orders. This applies both when it is the builder who gives a change order to a main or general contractor, and when one of them gives a change order to one of its subcontractors.

Normally, it is the parties who have to sign the contract, but the parties normally consist of legal persons (limited liability company, municipality, municipal or state enterprise, etc.). Who can sign on behalf of the legal person is therefore governed by powers of attorney, and what we in the common law of contracts characterize as rights and credentials, respectively. It can be said that if you doubt whether you have the authority from the employer to sign a contract, then you can assume that you do not have the right to do so. But, then the question is what the counterparty with reasonable reason believes about one's own power of attorney. If one signs without being entitled, while the other party had reasonably good reason to believe that one had such a right then one might have a problem. We have written about this in an article under Contract Law. There is also an article on the situation where an agreement develops as the parties negotiate, and where an agreement is considered concluded even if there is no written agreement document.