Contractor liability: claiming compensation

Questioner

a construction company has built new homes including underground parking behind my garden. This has caused my garden to subside including the shed. I live in a rental house. I want to replace the shed in the coming year because of its age. The base is now concrete, but because it has sunk I have to remove it and have a new one made. This alone costs a lot of money. Can I hold the contractor liable without legal expenses insurance? Am I entitled to compensation for the costs? ps. the contractor has taken measurements several times, which I have not seen, but it is clear that the ground has subsided considerably.

Lawyer

You may be entitled to compensation for damages due to subsidence; this is called economic damage. The damage may consist of progressive cracking, loss of load-bearing capacity of various structural components. The law then speaks of 'Sudden and unforeseen events'. Insurers do not wish to insure this type of damage because such damage often develops insidiously and can lead to discussions about whether the cause is a sudden and unexpected event. What also plays a role in your case is that you are not the owner of the home, so you cannot claim this damage. You can, however, submit a request to the landlord regarding loss of living enjoyment, from which the landlord can claim the damage from the contractor. Therefore, I advise you to consult with the landlord. For further information, you may, if desired, contact me directly.

Questioner

thank you for your quick reply. But is the contractor obliged to pay me for the damage? (so without insurers). Finally, the ground has subsided due to the pile driving, which means that when I install a new shed, I now also have to have the subsoil made level again, including the concrete sub-layer. You say; I can get the economic damage compensated, but how do I do that? without legal expenses insurance? I have liability insurance, but that is only if I am held liable? Not if I want to hold someone else liable? what are my chances of getting money from the contractor for the damage? is it useful to hire a lawyer? I don't want to be faced with any costs, hence this question. The contractor has not cooperated at all so far.

Lawyer

As my colleague rightly writes, the owner of the house (housing association) will have to hold the contractor liable. Since you are only a tenant, the contractor will not be inclined to pay you compensation. If you now address the landlord about the defects in the house, the landlord can recover from the contractor.

Lawyer

Thank you, dear council of Den Bosch, for the additional information.