Assistance with construction errors: Contractor liability

Questioner

In April 2006 I bought a single-family home. The contractor at the time was Contractor. I had a leak in my bathroom, which caused damage to the bathroom itself, the toilet downstairs, the bedroom and the ceiling. Shortly afterwards, a valuation of my home took place, in which the estate agent indicated that the damage was caused by a pipe under the bathroom floor. This would be a construction defect, for which the contractor should be liable for 10 years. A temporary construction has now been built in the bathroom, but this has had a considerable negative impact on the sale value of my home by the estate agent. The contract with the Contractor refers to the Guarantee and Warranty Scheme. This is only valid for three months, but after this maintenance period the Guarantee and Warranty Scheme for Single-family Homes applies. A guarantee period of 6 years is indicated for leakage (I am not included in this), but a period of 10 years for a construction defect. I contacted the contractor and he stated the following: We hereby inform you that we will not process your complaint regarding a leak in the bathroom floor, as this is no longer covered by the warranty according to the GIW (Apartment Warranty and Guarantee Regulations) (see article 1). Your home was completed in April 2006. There is a 2-year warranty on pipes and a 6-year warranty on the home. My question is, who is right? If I can demonstrate (provided the burden of proof is on my side) that there is a technical construction defect that significantly affects my enjoyment of my home and therefore its habitability, does a 10-year warranty apply? I look forward to hearing from you. Yours sincerely,

Lawyer

If it concerns a serious construction error, the contractor is liable for up to 10 years by means of the new construction guarantee. And he must repair this error at his own expense. And how they solve this is, in short, their problem. If the error was made by a subcontractor, they must recover the costs from that entrepreneur. If you need help or advice, you can always contact us via direct mail

Lawyer

If the leak in the bathroom is caused by the pipe, the warranty period for pipes is 2 years. If you can demonstrate that there is a structural defect, the warranty period of 10 years applies. Assuming the applicability of warranties, the contractor is liable for (hidden) defects in the work for 20 years, unless a different period has been agreed. Regardless of whether the warranty is still valid, you must give the contractor notice of default (in good time) by registered letter and summon him to repair the defect. I specialize in construction law and would be happy to assist you in this matter. Please feel free to contact me without obligation and free of charge to discuss what I can do for you in this matter.