Contractor liability and compensation

Questioner

In a cooperation agreement, the contractor has committed to executing the issued environmental permit. The contractor did not continue construction for 26 weeks, which is why the municipality withdrew the environmental permit. Can I hold the contractor liable on the basis of Article &:854 of the Dutch Civil Code and claim compensation for damages?

Lawyer

Do you mean article 7:854 BW? That article concerns suretyship and therefore does not apply if there is no suretyship agreement. If a contractor has contractually committed to carrying out an environmental permit and fails to do so, damages may be claimed by the party affected by the failure to build.