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Legal Netlink Alliance

Commercial and contract law

Just the bottom of the tank, or the roof too?

A client operating in the field of storage tank cleaning has been subcontracted to clean a storage tank in the port of Rotterdam.

There is a dispute with the main contractor about which work activities are and are not included in the fixed contract price. Does the fixed price only cover the removal of dirt from the bottom of the tank, or does it involve cleaning the whole tank, including the roof?

After studying the contract, we determine that the contract lacks sufficient clarity. When putting forward the defence, we choose the approach that the client cannot possibly expect the whole tank to be cleaned for the agreed price.

With the help of witness statements, we managed to convince the court that this position held by the client was correct. This resulted in the claim being fully upheld. The bottom of the tank was thoroughly cleaned, but another solution had to be found for the roof.



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