A Strategic View for the Applicability of the Duty of Care Doctrine in Consultancy Services Agreements

Fernanda de Cooker, Company Lawyer, MaxGrip B.V., Netherlands

Consultancy services are becoming so relevant and necessary in all sectors that there is an urgent need to review the current models used to agree upon consultancy methods. After many unsuccessful stories, parties involved in consultancy discovered that their relationship must focus in the efficient implementation of consultant’s recommendations. As such, consultants are required to play an important role in the internal transformation of their clients by offering innovative options beyond their fashionable pdf reports. A trustful collaboration engagement built in the entire consultancy cycle is then the key to achieve this goal. But how this new consultancy scenario is endorsed by the contractual liability doctrine commonly adopted in consultancy services agreements? How legal advisors can help their clients in successfully establishing this new model of engagement?

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Netherlands Contract Consultant May 2020 Vol.13, No. 51, Spring 2020

Fernanda de Cooker

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Fernanda de Cooker is the company lawyer of MaxGrip B.V. She is originally Brazilian and was admitted at the Brazilian Bar Association until her move the Netherlands in 2008. Her expertise lies in all business-related contract law issues in an international scope, including marketing activities, regulatory, compliance, insurance, and operations. In the last 10 years she advised multinationals in the Netherlands regarding IT law contracts and consultancy services but also on transnational manufacturing and distribution business, product liability and regulatory affairs. Since 2018 she is also specialist in personal data protection with focus in the General Data Protection Regulation (EU).

MaxGrip B.V.

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MaxGrip B.V is a consultancy house that enables organizations in asset-intensive industries to achieve continuous improvements on their asset performance, also using the power of Digital Transformation. MaxGrip embraces APM 4.0 with an APM and maintenance track record of over twenty years in industries like Oil & Gas, Food & Beverages, FMCG and Utilities & Infrastructure. We operate on all continents and have a global presence with our main offices in the Netherlands (HQ), USA, Malaysia, and Australia.

Netherlands Contract Consultant May 2020 Vol.13, No. 51, Spring 2020

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