Can a contractor be held liable for water damage?

Questioner

We gave a job to a company that would renovate our balcony, because a lot of rainwater remained on the balcony after rain showers. This was what it would be: remove bitumen layer, pre-treat concrete layer with a primer and then have a cast floor made with epoxy. The bitumen layer had been removed by the company, leaving our exterior wall and the bottom of our balcony sliding door exposed to the elements with no protection from the rain. The bitumen layer did provide that protection. The contractor had not taken sufficient measures to make this completely waterproof after removing the bitumen. We had asked if we had to do anything to leave this watertight, but the contractor indicated that this was not necessary. It was also a bit naive of us to assume that. He had done the primer treatment a few days later, so that a few days later he could pour the epoxy floor on top of it. But that primer layer gave no protection at all on those spots. You guessed it, the downpours from the warm weather still came down and we suffered enormous water damage in our house, because all the water went towards the walls and sliding pipes and then entered our house through a number of holes. As a result, our laminate flooring is ruined and even the downstairs neighbor has water damage to her ceiling. Not a huge amount (a little paint here and there), but still some. Now I have to say right away that we have agreed with the contractor that we will pay for this job in cash. We have agreed on 3 terms and we have also put this in writing. With signatures of the contractor and his name (not his company) and ours on that paper. Also with the dates of payments and signatures from us and the contractor that those payments have actually been made and also for receipt of that money. I haven't paid the third installment yet because the job isn't done yet! It is a self-employed company with a Chamber of Commerce number. Can we hold the contractor liable for the water damage suffered? We understand that by blackening the job we did not do it correctly. Should have known better, stupid. Still, we wonder if anything is possible. Hopefully someone can give us some good advice.

Lawyer

In principle, you can hold the contractor liable even in the case of undeclared work. You must then demonstrate that the damage was caused by his actions and can also be attributed to him. It is important to check what agreements have been made. The contractor is often insured for these types of cases, but the insurer can exclude coverage if there is undeclared work. I advise you to give the contractor written notice of default so that he can still professionally fulfil the agreements. If you cannot reach an agreement, I would be happy to look at your case.