Send a notice of default? Free legal advice

Questioner

I have a dispute with a handyman company and now want to send a letter of default (see below), but I do not know whether the intention is correct and whether this is the correct next step in this dispute. On ... July 2016 we agreed that you would carry out the following work on the....................in response to my submitted request on www.Kluswebsite.nl: Removing and disposing of old fence/posts and installing a new fence or posts/door. Disposing of old rotten sleepers (or parts thereof). The whole consists of: the back of the garden approx. 5 fence panels, the door and on the side of the garden approx. 3 or 4 fence panels and associated posts. As you know, I am not satisfied with the work carried out regarding the installation of the fence/fence posts/fence door. I have the following complaints about the result: the fence posts that stand on iron pole points come out of the ground and the fence cannot stand independently. This also damages the fence panels. After having contacted you in various ways (telephone, email, WhatsApp) you repeatedly indicate that you do not have time, that you said that the iron pole points were useless and that this is the reason or that it was my responsibility to have you put up the fence with these materials. You are also of the opinion that so many fence panels of this quality can never stand firmly, although you never discussed this when you offered your quote. You also mention that the installation of the door would not be included in the price. Nothing could be further from the truth and that can be read in the text of my request on www.Kluswebsite.nl job number: ................... It is clearly stated here that it concerns the use of the available materials, but that other materials will be purchased if the handyman company I would be doing business with (read: your company) wants to use other materials. I have offered you this several times because I do not know anything about it, but you indicated that you never actually work with these iron pole points, but they did not have to be returned and you would take a look and make something nice out of them. The price of € ........... that we had agreed upon after your visit to the fence/garden in order to be able to make a quote, was later increased in consultation to € ........... this in connection with the additional work for removing bushes/stumps from the garden. This part was completed satisfactorily. The door is mentioned in the request on www.Kluswebsite.nl so that you indicate that placing/adjusting the door would not be included in the agreed amount is not correct. You have been there once to hang the new door + new fittings, but due to miscommunication on my part I was not present and you could not use the electricity, which you would need and at that time the placing of the door/fittings was apparently included in the price. I have sent you both videos and photos of the condition of the fence and finally after much insistence you installed a temporary solution early 2017 (the fence was bolted to the trees in my garden using planks) and you would come and solve this temporary solution later. You have not yet kept this promise. You have spoken about me purchasing new wooden fence posts and that you would complete this job correctly and that the installation/work costs would be at your expense. I hereby do not agree that I should bear the costs of new posts, as I had purchased the correct fence posts and they are now no longer long enough because you shortened them in connection with the placement in the iron post points (see above for the problem with the post points). I hereby declare you in default due to the aforementioned attributable shortcomings. I give you the opportunity within a period of 7 days from the date of this letter to make an appointment via ................@........ to still properly carry out the agreed work within a period of 28 days (correction period) from the date of this letter. If you do not comply with this request within the set period, I reserve the right to take legal action. In addition, I hold you liable from now on for all damage that I suffer and will suffer and other victims should damage unexpectedly occur due to/to the fence. On my part, I believe that I have been patient with your company long enough and have given you the opportunity to resolve the problem through consultation, but unfortunately there has been no effort/action from your side to date, hence this next step. With appropriate regards,

Lawyer

The intention is correct and it is good that you do this extensively in the letter. If you know that the handyman company will not be repairing after all, you can immediately terminate the agreement and claim compensation if you have actually suffered damage. After all, he indicates that he does not have time. However, you would be wise to give him one last opportunity to repair, failing which you can have the job done elsewhere at his expense or even terminate it afterwards. If you still cannot reach an agreement, please contact me immediately and without obligation.