Assistance with construction disputes - Legal aid

Questioner

We went into business with a construction company that would demolish our old garage and build a new one. Until the time the contract was signed he seemed very trustworthy and promised all sorts of things. However, this changed once the work started. We now have the following problem: * he started on 8-5-2017. His contract states that he must deliver after 30 working days. That has not happened yet. He indicates that days with extreme heat etc. are unworkable and he arrives at 26 working days since 8 May. However, he now wants us to pay all installments, while the work that is in his schedule at the end of the 6th installment has not even been completed. His contract also states: 7% of the contract sum to be paid upon delivery. However, he wants this now too. Yesterday we made him a proposal to carry out the work that belongs to installment 6, after which we will pay him. We will then pay the rest after delivery. He does not accept this and has not been reachable by telephone for a number of weeks. We would like advice on how to deal with this. We are afraid that if we pay everything we will no longer hear from him.

Lawyer

There is no reason to deviate from the schedule of terms included in the construction contract. You must summon the contractor in writing to complete the work, failing which he will be in default. The construction contract or the associated general terms and conditions will undoubtedly include a provision regarding the consequences thereof (damages, fines, termination, etc.).

Questioner

Thank you for your answer. We sat down with the contractor in question tonight. He is now sending us a schedule for the final activities by email and he estimates that the following can all be realized. Then we pay the final installment before he starts. Now we fear that he will come next week to tell us that a plasterer has cancelled, for example, and that they cannot continue. How legally valid is such an email with a schedule? We are afraid that everything will be postponed by a month because the construction holidays will start soon He started on 8/5 and keeps saying he only had 26 workable days left. So that means 24 days are unworkable. Where can we get clarity on this? Thanks in advance for your effort.

Lawyer

A commitment by email is binding. However, the general terms and conditions pertaining to the construction contract will most likely contain a number of provisions on the basis of which a schedule is not binding (unforeseen circumstances, etc.). You can obtain the number of working days in your region (unfortunately not for free) via the website www.bouwkosten.nl I advise you not to pay the final installment until after the work has been completed, as this will probably also be included in the installment schedule in the construction contract.