Important news for construction professionals in Belgium!
Context Fraudulent entrepreneurs regularly manage to create victims again, despite being banned from management. This worrying practice is particularly noticeable in the construction industry, where certain contractors repeatedly go bankrupt, but nevertheless continually set up new companies, only to deceive people on several occasions. For example, they request substantial advance payments and then disappear without a trace, with all the consequences that entails. FPS Justice wanted to put a stop to these malpractices.
What On October 20, 2023, the Central Register of Administrative Prohibitions was launched under the name JustBan, a handy new tool to track down rogue entrepreneurs in the construction industry. JustBan can be accessed via Just-On-Web, the online platform of the FPS Justice. This is an important development for anyone active in the construction sector.
Why JustBan is a tool that helps professionals in the construction industry identify potential risks in business relationships and ensure the integrity of the industry. Although there is no specific legal obligation for actors in the construction industry to consult this register, it is appropriate to do so. The register is an aid for construction professionals in making informed choices in selecting reliable contracting parties.
Indeed, practice will have to show the extent to which there can be risk assumption when a contract was concluded with someone on the list.
Case law and legal doctrine will also have to show to what extent the elements from the register are part of the information obligation of the architect/construction promoter or at least the one who advises the client. Prudence will be appropriate in this context, whereby it will in any case be essential to inform the client about this.
Our construction and contracting law experts will be happy to assist you regarding the drafting or review of your contracts or any other questions you may have in that regard.
