Contractor invoice after a year? Discover your rights!

Questioner

Can a contractor still send an invoice after a year? We had contact at that time and there was never any talk about an outstanding invoice! We were under the impression that everything had been paid and that he would only come back to finish a few finishing touches and repair things. In the last telephone and 1x personal contact, not a word was said about an outstanding invoice! So now we have to hire someone else to finish his job! We are really angry!

Lawyer

If the work has not yet been delivered in accordance with the agreement, the following rule applies: Article 7:755BW In the event of additions or changes to the agreed work desired by the client, the contractor may only claim an increase in price if he has informed the client in good time of the necessity of a resulting price increase, unless the client should have understood that necessity of his own accord. This provision may not be deviated from to the detriment of the client, except in the case of a standard arrangement as referred to in Article 214 of Book 6. Furthermore, I think it is wise that you urge this contractor to finish his work and that after a term has elapsed you are forced to call in a third party at his expense. The term may also appear from the past if you have complained once or more before and the work has not yet been delivered.

Questioner

Thank you for your response! Do I understand from this that if no additions or changes were discussed during or after the appointment, we are in the right? The client never informed us that another invoice would be coming. The last one I don't quite understand what you mean by that? Could you elaborate on that?

Lawyer

The rule is that a contractor who has not done his work properly is legally in breach of his obligations, but the client must give him the opportunity to rectify the situation, which is why the letter of default is intended, which you should preferably send by registered mail. However, because things have been dragging on for so long, it could be that you have already submitted your complaints, perhaps even several times, and the contractor has not rectified the situation. Even if an official letter has not been sent on time, you could then set the default (legal breach of contract) at a date in the past or state that you no longer have confidence in a good outcome pursuant to article 6:83 BW). So there are 3 possibilities in descending order of safety: - you still send a notice of default and give a date for rectification at the latest, after which default occurs, after which you terminate the agreement - you state that the default already occurred in the past and you terminate the agreement on that date - you state that the default arose today and you terminate the agreement In the same letter you can dispute the invoice, but you can also wait with that. If you want to encourage the contractor to make repairs, it is not useful to say that you are not paying his claims, but you can raise questions about it.