Contractor dispute? Get free legal advice

Questioner

The contractor's work shows various defects. We have put him in default. There is a report from an inspector. He has hired a lawyer. He states that the inspector was already present and that the inspection had already started before the contractor arrived. The inspector was indeed having coffee, but the inspection had only just taken place when the contractor arrived. He indicates that he will solve it and gives 2 dates for the set period to repair the defects. There are cracks everywhere in the new plasterwork, which he says have been covered with tape. If that is the case, then it is in the construction of the house. And there are more things that he legally refutes. We are going to incur enormous costs for repairs. Because we also want to have an inspection carried out because we suspect that there are cracks in the screed over the underfloor heating. He now indicates that it turned out that the original floor in which the underfloor heating is located was made of a different material than in the quote. According to him, we apparently gave incorrect information about the floor (it was covered with laminate when he arrived). We said at the time that we thought concrete, but that we did not know. Now I know that a contractor must report if he encounters something during work on the basis of the Civil Code on the acceptance of work. He did not do that, not even about the walls in the bathroom. Now every case is different. But can you indicate how a judge looks at what the contractor states. Because it is clear that it will become a legal tug-of-war. I always see in answers that you want to assist the questioner. But if it becomes a hopeless mission, then we have to think about what we are going to do. So I would very much appreciate it if you would take the trouble to substantively address the above points.

Lawyer

The way you put it, it seems like a very good thing. Certainly if an inspector has confirmed this. You are also right that the contractor must warn if he encounters things during the execution of the work that were different from what he had imagined. He must then warn in time and possibly agree on additional work or a change to the agreement. Based on your story, I estimate that you have a strong case. If you wish, you can contact me directly to discuss the matter further. In that case, I would also like to assess the construction agreement.

Lawyer

The contractor is therefore subject to information and care duties; as a professional counterparty, you may continue to hold him liable for breaches thereof. In court, you will be asked to settle, but that is only valuable if you can properly oversee all the damage items.