Contractor Problems? Get Legal Advice

Questioner

We recently purchased a home and engaged a contractor to install ceilings and plasterwork throughout the home. We accepted a quote with a total price and agreed on a start date. Initially, the start of the job was delayed by a week, because the wife of his partner had given birth at 26 weeks with many complications. We only heard about this shortly beforehand and it was difficult to get in touch with the contractor. After we expressed our dissatisfaction about this, there was no room for looking for another contractor and we agreed. The day before the delayed start, one of his partner's 2 premature children unfortunately passed away, which meant that the job could not start. He had a replacement contractor who could still view the job that evening and he gave a new price that same evening. The job then turned out to be 2.50 euros per plaster meter more expensive because of the urgency that was now beyond our control. The new quote is from the first contractor and the invoicing also still goes through this contractor with whom we initially went into business, who went on holiday for two weeks the next day. We had no choice and had to go into business with him because of the urgency with which this job had to be done (the furniture had already been ordered, the kitchen and the floor had already been ordered and planned and in addition we have fixed costs). My question is mainly: is this a breach of contract and is it right that we bear the burden for something that went wrong within the contractor's company? How can we best deal with this situation?

Lawyer

Day, no this is not a breach of contract because in principle the contractor is entitled to have a subcontractor do the work but at the previously agreed price. Now it is important whether this was a target price because then there may still be a deviation of 10% or was the price fixed? If the latter is the case then the main contractor can be held liable for the extra costs, there is in my opinion also no reason to appeal to force majeure.

Questioner

In principle, the price per square meter of plaster was fixed and this price has now actually increased. However, our contractor sees it this way, I think, that he himself has abandoned the job and that a separate contractor is now doing the job. However, everything still goes through him: quotation, payments. The situation is special.

Lawyer

Hello, no, your contractor has assigned his assignment to a third party, but he remains your first point of contact, main contractor and has a contractual relationship with you, the client.

Questioner

So then the first quote should still be valid with a maximum price margin of 10% if it were not a fixed price?

Lawyer

Day, That's right.