Artikel 1:112 Remedies for Breach of Duties of the Service Provider

Damages recoverable by the client include the costs the client has incurred in order to establish the breach of any duty of the service provider, and or to prevent the result stated or envisaged by the client from not being achieved, provided that the client acted reasonably in incurring these costs.

If the service provider has breached a duty under the contract, and if it is not yet clear whether the result stated or envisaged by the client will be achieved, the client may withhold performance of any reciprocal obligations under Article 9:201 PECL (Right to Withhold Performance).

The client is entitled to terminate the contract in accordance with Article 9:304 PECL (Anticipatory Non-Performance) only if it is clear that the breach of a duty of the service provider under the contract will result in a non-performance of an obligation fundamental to the contract in accordance with Article 8:103 PECL (Fundamental Non-Performance).