Contractor liability in case of leakage

Questioner

Ten years ago, we, along with three neighbors, had a roof extension installed. For some time now, there had been (serious) leakage. It turns out that due to a construction flaw, the water never drained properly, causing the woodwork to rot and the walls (interiorly) to become moldy, ultimately causing the leakage. We have heard that a contractor is insured for this. The contractor who installed the superstructure ceased to exist as a company in June 2013. (Due to the economic crisis, as he himself indicated.) For him, this was clearly the end of the matter. What do you recommend we do now? Can we still recover the costs of repairing the construction defect from the contractor?

Lawyer

That depends somewhat on the form the business was run in. Was it a general partnership or a sole proprietorship? Perhaps a private limited company (BV)?

Questioner

A sole proprietorship.

Lawyer

You can still hold the contractor accountable. The fact that they've closed their business doesn't matter: they remain responsible for the defects. If you need it, I will be happy to help you.