If you are held liable as a self-employed professional (zzp’er), acknowledge receipt, preserve your file and report the claim to the relevant insurer in good time. Then investigate which error you are accused of, which agreement it relates to and how the damage has been calculated. Being held liable does not yet mean that you are liable or that you must pay the amount claimed.
Nederlands: Lees dit artikel in het Nederlands: Als zzp’er aansprakelijk gesteld: hoe reageert u op een schadeclaim?
Türkçe: Bu makaleyi Türkçe okuyun: Serbest çalışan olarak sorumlu tutuldunuz: tazminat talebine nasıl cevap verirsiniz?
Respond carefully, but do not leave the letter unanswered. A client may set a deadline for remedying the defect, withhold payment or announce proceedings. By distinguishing at an early stage between the facts, legal responsibility and the extent of the damage, you stay in control of how the matter is handled. That also applies if you wish to preserve the business relationship.
What does a notice of liability mean?
A notice of liability is a communication stating that someone holds you responsible for damage. The sender may be your client, but also a third party or its insurer. Sometimes an amount is stated immediately; sometimes it is merely announced that the damage will be calculated later. Both situations deserve attention.
The letter may combine several functions. In addition to liability, it may contain a complaint, a notice of default, a notice of termination or a formal demand. So do not read only the amount claimed. Check which performance is still required, which deadline is stated and whether the sender relies on specific contractual provisions.
A response deadline set by the other party is not automatically a statutory time limit. Even so, responding in good time is sensible. You can ask for further documents or a reasonable period for a substantive assessment. Record that you are investigating the claim without thereby acknowledging its legal basis or amount.
The first steps after receipt
Save the letter and attachments and note when you received them. Gather the contract, quotation, terms and conditions, changes, delivery records and correspondence. Keep relevant digital versions and log data insofar as you lawfully have access to them. Prevent routine deletion from causing important project information to be lost.
Check your insurance policies and report the claim in accordance with the policy conditions. Do not wait for a fully worked-out calculation of the damage if the policy also requires notification of circumstances or prompt reporting. Give the insurer a factual overview and send the original documents. Ask who will handle the correspondence and the defence from then on.
Take reasonable measures to limit further damage, without destroying evidence. In the case of a technical problem, that may mean securing a system or discussing a temporary solution. Document the situation first if possible. A quick repair must not result in nobody being able to establish what the cause was.
Which legal basis is being relied on?
With a client, the issue is often an alleged failure to perform the contract. It must then be established what you should have done and in what respect you allegedly fell short. For damages, attributability, damage, the causal link and, where necessary, default play a role. The main rule is laid down in Article 6:74 of the Dutch Civil Code (BW).
A third party may, for example, rely on tort or a special liability rule. That requires a different assessment. Your general terms and conditions with the client do not automatically bind that third party. Check, therefore, who is claiming, on the basis of which legal relationship and in respect of which event.
Sometimes legal bases become intertwined. A client refers to ‘negligence’ without clarifying which agreement was breached. In that case, ask for specifics. A targeted response to the actual legal basis is stronger than a general denial or a long explanation of rules that do not apply to the file.
A disappointing result is not always a professional error
For many assignments, you must act with due care without guaranteeing every desired commercial result. A marketing campaign that generates fewer sales than hoped, or advice that does not have the desired effect, does not automatically prove a failure to perform. What could reasonably be expected follows from the arrangements made and the circumstances.
For a contract for services, Article 7:401 of the Dutch Civil Code is relevant: you must exercise the care of a good contractor. Among other things, that may mean working competently, flagging relevant risks and providing appropriate information. The content of that duty of care depends on your profession and the assignment.
An obligation to use best efforts is not a licence to make mistakes. Even without a guaranteed result, careless conduct may give rise to liability. Conversely, a client must make clear why a disappointing result is attributable to your conduct. Record your choices, warnings and the instructions you received as thoroughly as possible.
What influence did the client have?
Investigate which information, decisions and cooperation from the client were needed. Was incorrect data supplied, were warnings ignored or was a proposed check skipped? Those facts may be relevant to the failure to perform, the causal link or the apportionment of the damage.
The fact that the client made a mistake does not automatically mean that you are off the hook. As an expert, you may have had a duty to warn or to check. An accountant, adviser or technical specialist cannot always simply rely on every instruction. So also assess what you ought reasonably to have noticed.
Explain the contribution of each party in factual terms. Refer to specific messages and decisions rather than describing the client as careless in general. In the event of contributory negligence, Article 6:101 of the Dutch Civil Code may affect the obligation to pay compensation. The apportionment is not an automatic calculation based on the number of mistakes made by each party.
Check your limitation of liability
Check whether an exemption clause or maximum amount was agreed. The correct version of the terms and conditions and proof that they were provided in good time are important here. A favourable clause on your current website does not automatically help with an older assignment. Also check whether the main contract contains a deviation.
Read which claims fall under the limitation. Does it apply to contractual damage, indemnities, penalties and related events? Is the cap linked to an invoice, an annual fee or an insurance payout? The text may work out differently from what you had in mind when you signed.
The other party may dispute whether the clause applies or can be upheld. In cases of intent, serious circumstances or mandatory law, a limitation may offer insufficient protection. Consumers and some small business counterparties may also have different options than large professional parties. Have the clause assessed in the context of the specific relationship.
Which insurance may be relevant?
A general liability insurance policy often covers certain property damage and personal injury in the course of business. Professional indemnity insurance, on the other hand, may be relevant in the case of pure financial loss caused by professional errors. The exact cover follows from the policy; the name of the insurance alone is not enough.
Check the insured activities, term, notification conditions, excess and exclusions. Under some policies, the moment at which a claim is made or reported is essential. An error from an earlier project may therefore raise questions when you change or terminate your insurance. Report doubtful cases in good time as well, in accordance with the applicable rules.
Discuss any admission, payment or settlement with the insurer first where the policy requires this. A factual statement about what happened is not the same as accepting all liability without investigation. Keep your communication honest and precise. Incidentally, a refusal of cover by the insurer does not automatically mean that the civil claim is justified.
Ask for a substantiated calculation of the damage
Have the claimant explain, per item of damage, what is being claimed and which documents support it. For repair costs, invoices and quotations may be relevant. For loss of profit, the issue is the revenue actually lost after deduction of relevant costs, not simply turnover. For additional staff deployment, it must be clear which work was necessary.
Investigate the link between the alleged error and the damage. Would the damage also have occurred without your conduct? Were there other causes? Was an expensive alternative chosen when a reasonable solution was available? The statutory attribution rule in Article 6:98 of the Dutch Civil Code requires more than the observation that the claim arose after your assignment.
Also check whether items are being claimed twice. A client cannot simply combine full replacement, repair and the full value of the same performance. Different types of damage may, however, exist side by side. So have the calculation reviewed on its merits rather than negotiating only about the final amount.
Organise repairs and investigation carefully
If repair is possible, a specific offer may make sense. Describe what you will investigate, within what period and what access is needed. Make clear whether the investigation takes place without admission of liability. This allows you to establish the cause and limit further damage without ambiguity about the legal position.
In technical or specialist disputes, an independent expert may be useful. Agree in advance what the questions to be investigated are, which data will be used and who will bear the costs. A report that merely repeats the position of one party does not always resolve the difference of opinion.
If repair is refused, record the offer and the response. That may become relevant later, but does not automatically mean that all claims lapse. There may be good reasons not to accept a particular repair proposal. The reasonableness of both parties must be assessed on the basis of the specific situation.
If the client withholds payment of your invoice
A damages claim and your claim for payment can exist side by side. The client may invoke suspension or set-off, but conditions apply to both. Ask which amount is being withheld and on what grounds. A damages claim that has not yet been substantiated does not automatically justify every refusal to pay.
Where possible, separate undisputed work from disputed items. Respond to the complaint and at the same time substantiate what was delivered for your invoice. Read more about a disputed invoice and a client who does not pay because of defects. Prevent the substantive discussion from being replaced solely by ever-higher collection charges.
If the client deducts the alleged damage from your invoice, investigate whether this constitutes set-off or merely a temporary withholding of payment. Ask for the legal basis and the calculation. Notifying your insurer, a substantive defence and safeguarding your own claim for payment may all be needed at the same time.
What does this mean for your personal assets?
In the case of a sole proprietorship, the business is not a separate legal entity. A business debt can therefore affect your personal financial position. Which assets are actually available for recovery and what protection exists depends on your situation. A large claim therefore deserves a timely assessment, even if the client is only making threats for the time being.
With a private limited company (bv), the starting position is different, but personal liability is not ruled out in every situation. Guarantees, suretyships and the conduct of directors may raise separate questions. Do not move assets in order to prejudice creditors. Discuss your legal position and possible solutions before financial pressure leads to rash measures.
An initial response to the claim
A short initial response might read, for example: ‘We acknowledge receipt of your letter of [date]. We are investigating the allegations and items of damage referred to in it. We would be grateful to receive [specific missing documents]. By this acknowledgement of receipt we do not admit liability or that the amount claimed is owed. We will respond on the merits no later than [feasible date].’
Adapt the text to the letter and any deadlines. If repair is also demanded, you must respond to that separately. Coordinate the content with the insurer if it is handling the claim. A standard reservation must not be a reason to conceal factual errors or to postpone a necessary emergency measure.
Negotiate or litigate?
A settlement may be sensible if it saves costs, uncertainty and time. Negotiate on the basis of an assessed legal basis and calculation of the damage. Record which claims are being settled, when payment will be made and which repair or handover arrangements apply. Check the scope of the full and final discharge.
If you receive a summons or another formal procedural document, respond immediately. Separate deadlines and procedures apply. Inform your insurer and lawyer and keep the documents complete. Having previously disputed the claim on its merits does not relieve you of the need to put forward a defence in proceedings in good time.
Keep the claim file separate from commercial pressure
A notice of liability is sometimes accompanied by threats of bad reviews, stopping all assignments or withholding a large invoice amount. That can create pressure to pay immediately. Assess the legal claim and your commercial choice separately. A settlement may make good business sense, but in that case write down carefully which dispute it ends and which obligations remain.
Respond to public accusations with restraint and stick to the facts. Do not publish client files, personal data or confidential correspondence to prove you are right. Do keep relevant messages and discuss specific threats or demonstrably incorrect statements with your adviser. Otherwise, a claim that can be defended on its merits may be overshadowed by a new conflict about your own response.
For internal use, draw up a timeline that remains verifiable. Note the assignment, important instructions, delivery dates, complaints and repair proposals. Separate established facts from your interpretation. If a colleague says that the client accepted a risk orally, record who heard this and when, and whether there are supporting messages. Do not alter original documents afterwards to make the file look more convincing.
Coordinate communication when your insurer takes over the handling of the claim. Ask who will respond on the merits, what information is needed and how you should report an urgent opportunity to carry out repairs. An insurer investigating the claim has not necessarily confirmed cover by doing so. Keep the response on cover separate from the debate with the client about your liability.
Finally, when reaching a settlement, think about its implementation. Payment, repair, handover of files and the end of an assignment may require different arrangements. Avoid paying an amount while the other party can later reopen the same dispute. In the case of termination, the explanation about a client ending the freelance assignment is also relevant. For future assignments, check how you can limit contractual liability.
Frequently asked questions
Does a notice of liability mean I have to pay?
No. The sender must have a legal and factual basis for the claim. You can dispute the failure to perform, attributability, the damage or its extent. Do, however, examine the letter in good time and do not ignore any obligations regarding repair or proceedings. A claim can be unfounded and still require a serious response.
May I apologise?
A human and factual response is possible, but be precise about what you admit. Regret for the inconvenience is not the same as accepting all legal liability and damage. In the case of an insured claim, coordinate important statements with the insurer and do not make unverified commitments.
Do I have to report a claim if I think it is unjustified?
Check the policy and report in good time if the notification conditions require it. Your own conviction that the claim is unfounded does not automatically make reporting it unnecessary. The insurer may also take care of the defence. Do not wait until proceedings begin if a duty to report already existed earlier.
Can the client recover all consequential loss from me?
Not automatically. The legal basis, attributability, causation, mitigation of damage and contractual limits must be assessed. The damage must also be substantiated in concrete terms. Simply labelling an item as consequential loss on a list does not in itself make it payable, or indeed excluded.
What if my insurer does not pay out?
Ask for a reasoned decision on cover and have the policy assessed. Cover and liability towards the claimant are different questions. You may be able to defend yourself against both the claim and the refusal of cover. For the latter, see our insurance law assistance.
Can I handle the claim myself?
With a limited, clear-cut matter, that is sometimes possible. With large amounts, an insurance problem, a technical dispute or proceedings, legal assistance is often advisable. First discuss the file and the costs. A good initial assessment helps determine what level of effort is proportionate to the financial interest.
Help with a damages claim against your business
Arslan Advocaten can assess the legal basis of the claim, your contractual protection and the possible next steps. Gather the contract, terms and conditions, correspondence, calculation of the damage and policy documents. Through our corporate and commercial law services, you can have your position examined. Get in touch to discuss the file.
Written by Onur Arslan, attorney at Arslan Advocaten. Registered in the specialisation register of the Netherlands Bar for employment law and personal injury. Content reviewed on 12 September 2026 against the statutory text on wetten.overheid.nl and the cited judgments on rechtspraak.nl.
