Advice on problems with self-employed persons

Questioner

I have entered into a written agreement with a self-employed person (fixed amount) to renovate my bathroom 1.70m × 2.70m. He was recommended to me by a company that sells sanitary ware. Since 10 Feb. 16 I have no shower or sink and I shower at someone else's place, I wash in the kitchen. I transferred half of the amount €3400.00 so that he could order things etc. He doesn't keep appointments, I have to ask him when he's coming and what time and then I still get a text message later that he's either coming late or not at all. The bathroom is 3/4 ready, but he now wants €2000.00 to order AGAIN stuff to continue (email dated March 21, 2016). He also didn't mention a date/day when he would come again after the last time he worked (last Sunday). The material would come to €1400.00 and his labor would be €5400.00. So a total of €6800.00 and this amount is also on the (signed by me and him) quote. I don't know what to do anymore!!! My gut feeling is that I should have him put an end date on paper and sign it, but is this worth anything??? Am I entitled to anything, or can I fall back on something if my bathroom is not ready and functional by this date? WHAT SHOULD/CAN I DO? What is he entitled to?

Lawyer

First of all, he may never demand more than 50% advance payment. If there is an agreement, then it must be fulfilled, if it does not do so, then you or a lawyer must give this party written notice of default and request that it still fulfill the agreement. If this party does not do so, then you can submit the case to the judge and request that it be ordered to fulfill or ordered to pay additional costs that arise from it and the legal costs. If you would like further help and/or advice, please feel free to contact me.

Questioner

I am very relieved. Yet I have a nagging feeling of, 'what if'.....? Suppose he comes tomorrow after 16:00 (and asked if I had received email), he still wants a part of the money for extra costs. For example an amount of € 1,000.00. Can I give him that/transfer it to account, or is half really enough? And if he has no response to this, he finishes his work and after a few days/weeks it turns out that something is not connected properly or something? What to do then? Then the money is paid to him and I am standing in a bathroom that does not function.

Lawyer

I advise you to pay him nothing at all and to immediately put him in default if he does not meet his obligations from tomorrow. You have an agreement in which it is agreed what the work and what the material costs will be. It has not been agreed that you will pay the contract sum in the interim period. In principle, you do not have to pay until the work is completed and approved. This also applies to the costs of purchasing the materials. He must therefore advance those costs. To the extent that you do have an interim payment obligation, you are entitled, given the contractor's shortcomings, to suspend your payments until he meets his obligations again. If desired, I am happy to draw up a notice of default for you. Please feel free to contact me without obligation and free of charge if you have any questions or require legal assistance.

Lawyer

You do not have to pay anything until he has finished his work properly and neatly. And certainly do not let him talk you into it. If he does not want this anymore, you or a lawyer will put him in default in writing with the summons to finish it and or to reimburse the costs that you have to make and or have to make. If he does not want this, the only way is to play it through the court. If you want further help and or advice, please feel free to contact me.

Questioner

On your advice I informed him that I do not intend to pay the 2nd invoice. He came with the argument that the KvK had given him this as advice (payment in 3 installments). Whereupon I informed him that I had already paid him too much when paying the first invoice and that if this was his way of acting, he should have stated this in his contract. He did not elaborate on this, and the KvK knew nothing about this kind of 'advice'. Now we are a few days further and he still comes when he wants (after sending a text message) and leaves when he has had enough. The last time I asked when I can finally shower, he: next Saturday (2 April). When I asked him if the bathroom would be completely finished and functional by the end of next week (April 9), he said yes! He is now working on the wiring (because it is completely wrong), I have had electrical wires hanging from the ceiling for years, but he indicates that I will probably have to pay for this anyway. 'Because he can leave it like this, but then it will not be right, and that does not feel right. That is not who he is.' Also, a different threshold suddenly has to be placed..... because the old one no longer fits. Brings a soft-close toilet seat (for a low price), but I didn't ask for it. I'm afraid I'll get an extra bill for the 'extra work and extra material', which I didn't ask for or maybe did/didn't need. The installation of the spotlights in the ceiling and the extraction system was included in the price. Do I have to pay for this additional work/material or not? Kind regards

Lawyer

You only have to pay for additional work that you have ordered. Replacing the wiring of the electricity can be considered additional work, so you have to pay for it when you order the contractor.

Questioner

Good afternoon. My first question was on March 21st. I have received an answer to my satisfaction, but now the following. On the advice of Mr. van den Bosch, I sent the person in question an email in which I indicated that the 'deadline' would be week 14, 2016. He confirmed this and I therefore assumed that this would also happen. I received from him {or his wife an email back stating that due to his back problems everything had taken a bit longer and he apologized for that. Now we are a few weeks further, next Wednesday it will be 11 weeks since he started the work, and today I received an email from him saying that they would like to see the 'interim invoice paid', as a sign of good faith, as they have already had to pay the tax on the entire amount. Then: the bathroom is almost finished and we have done more for you than agreed, which has not been charged. He was last here last Tuesday and was supposed to come again today. Since getting a sailboat/yacht from England took longer than planned, he will not come today but tomorrow. I have been able to shower and wash in my own bathroom again since the end of week 14/beginning of week 15, but I am really, really tired of it now!!!!! What should/can I do now? I will not pay, that became clear to me after the answers to my first email that you gave me... but now? Last week the installer from the installation company came to clean my central heating boiler and asked me which DIY person had done my bathroom, and also told me that if this person had been employed by his company, he would have received a kick in the ....... from the boss! I think this is enough information for you, I hope,.... because I don't know anymore. regards