Together with general liability expert Robin van der Heiden from Anchor & Vanbreda and Eli Hemelaer General Manager Construction & Engineering we outline the key changes and points to consider. UAV-GC 2025 was developed with the aim of bringing greater clarity to the allocation of risk between client and contractor and making that risk more insurable. Time will tell whether this objective is fully achieved in practice, but the new conditions are sure to have a significant impact on liability, contract management and insurance.
1. Clearer liability limits
Under UAV-GC 2005, contractor liability was often broad and difficult to predict. UAV-GC 2025 introduces explicit liability limits.
There is a maximum of 10% of the contract price for certain types of damage. From two years after completion, a general restriction applies, with a lower limit of €1.5 million.
Liability limits are therefore established more explicitly, although this does not automatically mean that the contractor’s financial risk decreases.
2. Distinction between pre- and post-completion
Liability is now regulated separately for:
- the construction phase;
- the first two years after completion;
- subsequently.
This makes it clearer what risks you bear during each phase of a project. The initial period following completion also receives extra attention, so it is even more important for contractors to ensure proper documentation and record-keeping.
3. Clearer classification of damage
UAV-GC 2025 distinguishes between direct damage, indirect damage and other indirect damage. This last category in particular is subject to liability caps.
This classification is intended to make it clearer what types of damage can be subject to claims and what liability limitations apply.
4. Greater focus on information and collaboration
The client’s duty to provide information and the contractor’s duty to warn are reinforced.
Risks, omissions and potential problems must be pointed out and discussed sooner. In addition, UAV-GC 2025 lays more stress on collaboration and early communication in order to avoid disagreements and disputes during the contract’s execution.
Although UAV-GC 2025 introduces more structure to the liability framework, the practical impact on insurability depends on the specific contractual arrangements and how the new provisions are interpreted.
This doesn’t mean that all contractual risks are automatically covered by insurance. The concepts and liability limits set out in UAV-GC 2025 don’t always align directly with the cover provided by construction all risks, liability or design insurance policies.
Project-specific deviations, contractual penalties, indirect damage and design or execution errors can also lead to limitations or gaps in cover. Moreover, the insurance market has not yet really adapted its products and policy conditions to UAV-GC 2025.
This means that analysing both the contract and the insurance arrangements prior to signing remains essential.
Vanbreda Risk & Benefits in Belgium and Anchor & Vanbreda in the Netherlands combine their expertise and local presence to support Belgian contractors with projects in the Netherlands.
We can identify project-specific risks, look at how your contractual liability aligns with your existing insurance and develop a cross-border insurance solution where necessary.
For questions about UAV-GC 2025 and its impact on your insurance, contact our expert Eli Hemelaer, General Manager Construction & Engineering, at eli.hemelaer@vanbreda.be.
Are you planning a project in the Netherlands based on UAV-GC 2025? If so, involve us at an early stage in the analysis of your contract and insurance arrangements.
Insurability and cover need to be assessed individually for each project based on the specific contract terms, project risks and policy conditions.
