Legal Advice on Construction Disputes | Rechtswinkel.nl

Questioner

Good day I have a tiler who has done tiling in the swimming pool, here he has glued mosaic but unfortunately in the wrong way and he now admits this Now everything has to come out unfortunately and be done again, he has contacted the insurance for liability for companies, but now it suddenly indicates that it is not covered after all??? can you advise me on this I was allowed to receive the insurance documents from ASR and they say that The company liability insurance does not cover damage to work supplied by the insured. Damage and costs for repairing or improving or re-executing the work are also not insured. You can read more about this in the ASR AVB policy conditions under the heading (on) delivered items can that be done??? it has not yet been delivered, everything came loose before the grouting I would like to hear from you what I can do and whether the insurance should reimburse this.

Lawyer

No, this is not covered by the liability insurance. The tiler must pay the costs of repairing or replacing the tiles himself.

Lawyer

That is clearly a breach of contract and fortunately also admitted by the contractor, tiler. You must now confirm to another person in writing and by registered mail and put him in default and liable for the consequential damage. You can give him the opportunity to correct his error at his own expense within a reasonable period, after which default occurs. Whether or not he is insured is not your problem but his. He must correct his errors at his own expense and also compensate for consequential damage (so if you have to take days off again, for example).

Lawyer

Whether or not the tiler is insured is of no further importance to you. I suspect, however, that the insurer's position is correct. Coverage is usually not provided for liability due to deficiencies in the work. I have established that there is a defect in the work delivered, for which he is liable. He must either repair this defect or reimburse the costs if you have the work repaired by someone else. You would do well to formally put the tiler in default and summon him to repair the defect within a reasonable period. If he does not do this, you are entitled to hire someone yourself and you can recover the costs from him. I specialize in construction law and am happy to help you. Please feel free to contact me without obligation and free of charge to discuss what I can do for you.