Force contractor to fix leaking shower floor?

Questioner

During December 2017, a new bathroom was installed at our 'street name and postcode' by 'person a' from the installation company of the same name from Hillegom. On April 15, 2018, it was reported that the drain was not flowing properly. After inspection on April 26, 2018, 'person a' claimed that there was nothing wrong with the drain. Around March 2022, a leak became visible on the wall of a floor below under the bathroom. 'Person a' claimed after inspection of, among other things, the shower floor he had installed that the leak did not come from the bathroom. We then had a leak detection investigation carried out by the company Lekdetectie Holland, which concluded on March 16, 2022 that the leak was caused by open joints in the shower floor. 'Person a' was then contacted by telephone again, who said that he would draw up a quote as soon as he had found someone who could repair the joints. When we still had no answer on July 10, 2022, we held 'person a' liable in writing. Furthermore, if he wants to rely on his commercial guarantee, in this case three years, he can never limit our legal right as a consumer to proper work. And it goes without saying that a bathroom should be able to function for more than three years without causing leaks. In any case, we have done everything we can to have the leak investigated in time by an expert agency (costs Eur 453.75) and reported it to him in time so that he could take timely measures. In the meantime, five years have passed and we do not know whether the damage has been incurred in the meantime, it seems to me that the way I see it, it is not that bad, but of course we do not know what the effect of a wet wall is in the long term.

Lawyer

It is important that it is clear who caused the damage, as it now appears that it was the plumber. With this, he is also liable for the damage suffered. You clearly reported what was going on and the plumber did not respond to it immediately. Now that you have held this liable, it is advisable to take further legal action. Should you need a helping hand in this, I am prepared to assist you free of charge in this matter. You may also contact me further.