What can I do with a gardener who hasn't been in touch for 2 months?

Questioner

In April a gardener started to change my garden. As contractually agreed, he was paid 30% before he started, 30% when he started and 30% halfway through. Now he has largely finished the garden on June 24, but after that he cannot be reached. I can't reach him via WhatsApp, telephone, Facebook or even at his door.

Lawyer

If he is not finished yet, he is not fulfilling his obligations. I assume that you have already summoned him to do so, but that this has not been complied with either. The next step could be (partial) termination of the agreement (of assignment) and reclaiming part of the agreed (paid) fee. Another approach could be that the gardener is summoned once more to finish the work, stating that if this is not done within, say, 14 days, you reserve the right to have it done by another professional, with the costs being borne by the negligent gardener. In both cases, you will have to go to court if the negligent gardener ultimately refuses to pay anything. In that case, you will have to try to form an idea in advance whether there is any recovery. For example, if the gardener unexpectedly goes bankrupt, then there will most likely be no recovery (for the time being).

Lawyer

If not everything has been paid, a logical first step is to suspend further payment until the negligent gardener has fulfilled his obligations or has compensated you. However, record everything properly in writing (by registered mail).