In a previous contribution of February 2024, we already discussed the bill that will make sensitive changes to our liability law.
This bill has since been published in the Belgian Official Gazette, and will enter into force on January 1, 2025. As a result of this change in the law, it will henceforth become easier to hold a "helper" of a contracting party directly liable. Think, for example, of a subcontractor, director or employee of the co-contractor.
Today, in principle, it is not possible to address these auxiliaries directly when they commit an error. So this principle is changing.
Attention when drawing up agreements
As an auxiliary, you can base your defense on 2 agreements when you are sued by your contracting party's co-contractor:
- You can invoke liability limitations from the main contract between your contracting party and its co-contractor; and
- You can invoke liability limitations from your contract with your contracting party.
Thus, an auxiliary should ensure that both its contract with its contracting party, and the contract that that contracting party has with a third party, contain the necessary limitations of liability.
How can we assist you?
As an auxiliary person, it is important to consider the required liability clauses when drafting agreements.
With new legislation coming into effect from Jan. 1, 2025 for all claims, regardless of the date of the contract, it is also appropriate to check your existing agreements.
Titeca can assist you in this, to avoid more frequent liability as a director, subcontractor, employee or other auxiliary person after Jan. 1, 2025.
Do not hesitate to contact us here contact us with questions. Unsure of the right approach for your business? Then make an appointment here with our pro experts!
