Frequently asked questions
Is it mandatory to conclude a deed of delivery?
The law usually does not require the parties to conclude a written deed of delivery, but it is strongly advisable to conclude such deed. Deed of delivery proves that the work has been delivered to the customer and the parties can also list in the deed of delivery all material characteristics of the delivered work.
Existence of proper deed of delivery helps to avoid or simplify potential disputes regarding the delivery of defects of the work.
Do the contractor and customer have to sign the deed personally?
If the customer or the contractor does not sign the deed in person, then the person signing the deed must have a right to represent the customer or the contractor. In case the contractor or the customer is a legal entity then the management board member is the representative under law, but the deed may also be signed on behalf or the customer or contractor by any other person that has the respective power of attorney. If the signatory is acting under power of attorney it is advisable to verify the existence of such power of attorney and, if possible, store the authorisation document along with the deed of delivery.
Do I have to list the defects of the work in the deed of delivery?
It is important for the parties to list all defects and deficiencies which the work has at the moment of the delivery, it will help to avoid or simplify any potential disputes regarding the existence of hidden or visible defects.