Contractor Liability: What Now?

Questioner

In 2007, I had a contractor build a cellar under my home. Our contract states that the contractor is affiliated with the NVOB construction guarantee company. And would take care of the environmental permits, etc. Now the municipality is contacting me saying that there is no permit. The contractor has gone bankrupt and cannot be reached. An environmental permit application has now been submitted and drawings have been submitted. Also have a calculation made by a structural engineer. This shows that a good construction has not been made and that some adjustments need to be made. Can I hold the contractor liable for the costs? Because he is now bankrupt?

Lawyer

The correct answer to your question depends on the legal personality of the contractor. If that was a BV, that chance is very small. Only if there was reprehensible behavior during the bankruptcy, you may be able to recover the damage from the owner. If the legal entity was a sole proprietorship or a general partnership, the chance is slightly greater. In that case, the owners are liable with their personal assets. In all cases, you cannot pluck feathers from a bald chicken.