What is Notification of Defects Clause?

Most legal systems impose a duty on buyers to report defects within a reasonable time after discovery. What "reasonable time" means is not defined precisely and depends on the circumstances. Courts have ruled that the clock starts when you could reasonably have discovered the defect, not when you actually noticed it.

This uncertainty is precisely why a contractual notification clause is valuable. The clause replaces the vague "reasonable time" with concrete deadlines and procedures. A typical clause contains an inspection period (for example 5 working days after delivery for visible defects), a reporting deadline for hidden defects (for example 14 days after discovery), the method of notification (in writing, via a complaint form, or by email to a specific address), and the consequences of late notification.

For the purchase of goods, additional rules may apply. Under Dutch law, article 7:23 of the Civil Code provides that the buyer must complain within a reasonable time after discovery, and the legal claim expires two years after notification. In consumer purchases, a notification within two months is considered timely.

In the construction sector, the notification duty is particularly relevant. Upon completion of a building project, the client has a limited window to report visible defects. Under the UAV 2012 standard conditions (paragraph 9), a maintenance period of 30 working days after completion applies by default. Defects discovered during the maintenance period must be repaired by the contractor. After the maintenance period expires, those claims lapse unless hidden defects are involved.

A common pitfall is that the notification clause in the supplier's general terms and conditions sets much shorter deadlines than the law would otherwise allow. A supplier that imposes a 3-working-day complaint period after delivery significantly restricts your rights. Always check whether the contractual deadlines are reasonable given the nature of the product or service.

The notification duty is one of the most underestimated risks in contract management. You can have a fully justified claim for a defective delivery, but if you complain too late you lose all your rights. Loio (2026) reports that 71 percent of contracts are never monitored for compliance after signing. That means defects are often only noticed after the complaint window has already closed.

By actively recording complaint deadlines and establishing an inspection process immediately after delivery, you prevent losing your claims through the passage of time.