New conditions may affect insurance coverage
In practice, new versions of general terms and conditions are often adopted without much discussion, because they are considered the new standard within the sector. That is understandable. At the same time, changes in liability, responsibilities, or deadlines can directly affect an organization's risk profile.
And it is precisely that risk profile that forms the basis of professional liability insurance.
When contractual agreements go beyond what the policy assumes, a difference may arise between contractual liability and insured liability.
Limitations of liability remain essential
An important element within the DNR is the limitation of liability. This ensures that risks remain manageable and proportionate to the fee and the assignment.
In practice, however, we regularly see clients wanting to deviate from this. Examples include higher liability limits, additional guarantees, or the partial exclusion of liability limitations through purchasing conditions.
This may seem like a minor contractual adjustment, but it can have major financial consequences. An extension of contractual liability does not automatically mean that it is also covered by the insurer.
Box: 3 signs that your policy may no longer be in line with DNR 2025
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1. Your policy refers to older provisions
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Many professional liability insurance policies are still based on earlier regulations such as DNR 2005, DNR 2011, SR 1997, or RVOI 2001. If your policy explicitly refers to these regulations, it is advisable to verify whether the coverage remains adequate when applying DNR 2025.
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2. Contracts are requiring higher liability limits
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Clients are increasingly requesting higher liability limits or additional guarantees. If these go beyond the standard limitations set forth in the DNR, this may mean that part of the risk is not automatically covered by the insurance.
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3. In addition to DNR, the client’s terms and conditions of purchase also apply
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In many projects, additional terms and conditions of purchase are declared applicable. These may weaken or exclude liability limitations set forth in the DNR. This can result in a risk profile that differs from what the insurance policy assumes.
Recognizable?
Then have your contract terms and insurance reviewed together before signing an agreement in which DNR 2025 is declared applicable.
Please also note complaint and limitation periods.
In addition to liability, complaint and limitation periods also play a role. DNR 2025 contains provisions on when complaints must be reported and how long liability can continue.
Insurance policies, in turn, have their own conditions, such as reporting obligations and time limits. If the contract and policy are not properly aligned, this can lead to disputes in the event of damage.
Additional terms and conditions of clients
In addition, experience shows that the DNR is often not the only document deemed applicable. Clients regularly apply additional procurement terms and conditions. Sometimes the liability limitations in the DNR remain intact, but in other cases they are mitigated or even completely excluded.
The difference may seem minor from a legal standpoint, but it can have significant financial implications, especially for complex or large-scale projects.
Check in good time whether your policy is still appropriate
Because many professional liability insurance policies are still based on older regulations, it is wise to check whether your current policy is still appropriate when you start using DNR 2025.
Especially if you are going to sign an agreement in which DNR 2025 is declared to be the applicable general terms and conditions, it is advisable to first have your insurance coverage checked to see if it is still appropriate.
Consistency between contract and insurance
At Schouten Zekerheid , we Schouten Zekerheid engineers, architects, and construction consultants on a daily basis with issues relating to liability and insurability. We don't just look at the policy, but also at the relationship between contract terms, liability risks, and insurance solutions. This provides clarity in advance and keeps risks manageable.
Contact your advisor to check whether your current insurance policy still provides adequate coverage.
