minderwerk

Minderwerk is a term used in Dutch construction and procurement contracts to describe work that is removed from the agreed scope or carried out for less quantity or different quality than originally specified. It is the counterpart of meerwerk, which refers to extra work beyond the contract scope. Minderwerk typically arises when the client decides during the project that part of the planned work is no longer required, or when design changes reduce the amount of work to be performed while construction proceeds.

Implementation and pricing: When minderwerk is relied upon, the contract should provide how the change is documented and priced. The contractor may be compensated for costs already incurred or for the portion of work that is still necessary, and the contract sum is reduced accordingly. In some agreements, the reduction is calculated by unit price or a fixed deduction, while in others the parties negotiate a settlement. The impact on the project timeline is also defined, possibly shortening the schedule or altering sequencing.

Process: Changes are generally formalized through written change orders or contract amendments. The party requesting minderwerk initiates the change, the contractor assesses the cost impact and time effect, and both sides must agree before the work is discontinued or reduced. Proper documentation prevents disputes about what was removed and why.

Practical considerations: Minderwerk can affect the relationship of payment milestones, retention, and warranties. It is essential to clearly define which elements of the work are removed and ensure that remaining works still meet the contract requirements and quality standards. Risk allocation and responsibility for site conditions or design decisions should be clarified in the contract.

See also: meerwerk, change order, contract variation.