Defective delivery of frames and doors

Questioner

In September 2020, various window frames, a new facade, new garage door and front door were installed at our home. The facade was already damaged when it was installed, but it was indicated that this would be repaired without us seeing anything of it later. We therefore did not have to pay the full amount immediately. The spot was repaired and sprayed, but it looked even worse than before, so we were not satisfied with this. The company wanted to solve this again by installing new foil, but this was also not done properly. The foil was not cut neatly and came loose. In the time that we waited for the damage to be repaired, other errors emerged. For example, the thresholds had not been sealed, which caused a lot of water to stand in our home, both in the house and in the garage. They came to seal them, but the fitter did not even bother to remove the sand, so this is still visible through the sealant. The threshold under the facade is angled inwards instead of outwards, which also causes water to remain on it and get in. The threshold at the garage door is still leaking even after sealing. The garage door is very poorly adjusted, causing a gap between the doors. The front door handle is loose. The draught excluder at the garage door was pulled inwards when it was installed, so it has partially lost its function. We contacted the company several times. They asked for photos, which we also emailed, but unfortunately we did not receive a response. A month later we contacted them by phone, in which they indicated that they had received them, but again we did not hear anything after that. We then went to the showroom and the owner was there. He wanted to come and have a look that same evening and the following Friday together with a mechanic. He came that evening and concluded that there were indeed defects. But of course we did not hear anything after that. My husband called on Thursday, whether they would come and have a look on Friday (2 July), together with the mechanic. They then indicated that they would come and fix everything immediately. We then indicated that we would prefer to do this when we were at home ourselves, in connection with the trust, and that the agreement was that they would come and have a look so that we could discuss what would happen. They then indicated that they would call us for a new appointment, but unfortunately this has not happened to date. We have completely lost confidence in this company, so we do not want to entrust the repair to them. But we cannot repair anything ourselves because there is still no solution. The total invoice for all frames/doors is 13,862.21, of which we paid 10,000. Our question is actually, what should we do now? We are always the ones who contact us, nothing comes from them. We would like to close this so that we know whether we should keep the remaining amount or not. What are our rights/obligations in this?

Lawyer

The work has not yet been properly delivered and therefore not accepted by you. The result is that you must give the contractor time to repair the defects and errors free of charge, but this does not have to be repeated endlessly. At some point you can terminate the agreement by terminating the trust so that you can possibly still claim money back from the contractor, including consequential damage. In order not to make any legal mistakes, it may be wise to have the liability claim drawn up by a lawyer. Please contact me for this via info@rechtinjestad.nl?