15 Oct 2025

"Amsterdam Court Ruling Highlights Key Lessons in Construction Law from Schiphol A-Pier Dispute"

"On July 30, 2025, the Amsterdam court ruled on a dispute between Schiphol and the contractor BN-TAV regarding the construction of the A-Pier. The court's decision highlighted key lessons for construction law, particularly concerning design responsibility, the impact of inadequate designs, burden of proof, and criteria for contract termination in complex projects. Schiphol had terminated the contract with BN-TAV in November 2021 due to alleged shortcomings, but the court found that deficiencies in the design provided by Schiphol were primarily the responsibility of the client, not the contractor. The ruling emphasized that contract termination in large projects should only occur for significant shortcomings, as it can have serious consequences for all parties involved."

**Law Firms Involved:** The law firms Stibbe assisted BN-TAV in the dispute against Schiphol regarding the construction of the A-Pier. **Transaction Overview:** On July 30, 2025, the Amsterdam District Court issued a ruling in the dispute between Schiphol and the contractor consortium BN-TAV concerning the construction of the A-Pier (ECLI:NL:RBAMS:2025:5463). Schiphol had terminated the construction contract with BN-TAV in November 2021 due to alleged deficiencies. BN-TAV subsequently initiated legal proceedings, claiming that the termination was unlawful. The court's ruling highlighted significant lessons for construction law practice, particularly regarding design responsibility, the consequences of inadequate design, burden of proof distribution, and criteria for interim termination of contracts in complex construction projects. **Legal Team:** The Stibbe team included: - Ingmar de Groot - David Orobio de Castro - Daniël Muis (Note: The press release does not specify the seniority or practice areas of the lawyers involved.)
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