Complaints and disputes

HHNK has established a Complaints Procedure for the rapid and accessible handling of complaints in tenders, in accordance with the national standard. The tender documents clearly state how a complaint can be submitted and how HHNK will handle the complaint. 

In addition, there is a national independent committee of procurement experts that provides non-binding advice on procurement disputes. The aim is to enable the experts to quickly reach a decision on disputes, which are then settled without legal proceedings. However, one of the conditions is that the entrepreneur must first submit their complaint to HHNK, which must then be given a reasonable period of time to respond. The standard complaint form for this national committee can be found at:www.commissievanaanbestedingsexperts.nl

Disputes

HHNK has chosen to submit all disputes that may arise in connection with tenders to the competent court of the District Court of North Holland. The same applies to disputes arising during the pre-contractual phase or concerning the interpretation or performance of the agreement. This will be included in the tender documents.

An exception to this are disputes arising from a contract for work under the UAV, which are settled by arbitration in accordance with the arbitration rules of the Arbitration Board (in accordance with paragraph 49 of the UAV 2012).