This country report identifies and outlines regulation on liability in subcontracting processes in the Netherlands. It is based on an analysis of secondary literary sources of information and on the results of interviews with key players in the field. The introduction briefly describes the broad political, legal and economic context in which the national laws on ‘joint and several liability’ in subcontracting have been developed. Joint and several liability refers to cases where two or more people enter into an obligation together, and where the claimant can recover the full obligation from any one of them; the cooperating parties are then left to decide their respective contributions between themselves. An overview report is available.
Against a backdrop of increased European and national policy attention regarding this highly sensitive issue, Eurofound has conducted a pioneering piece of research by analysing existing national legislation on liability in subcontracting processes in the construction sector. The report underlines the significant differences that exist between the various national liability regulations in place in the eight Member States under consideration (Austria, Belgium, Finland, France, Germany, Italy, the Netherlands and Spain). The varying legal tradition and industrial relations cultures in the countries covered mean that research results are highly specific to each national situation and that few elements are transferable.