{"product_id":"vragen-56175-beste-juristen-begin-van-dit-jaar-hebben-wij-onze-woning-laten-verbouwen-vooraf-hebben-wij-een-of","title":"Assistance with legal questions about contractor work","description":"\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear lawyers,\n \nAt the beginning of this year we had our house renovated. In advance we signed a quote\/order confirmation with the work to be carried out. During the work we (verbally) agreed with the contractor that certain work on the quote would be cancelled (reduced work). However, we also had work carried out that was not on the original quote (additional work). Here too, only a verbal agreement was made, and we have never seen or signed an order confirmation for this.\n\n After the renovation we noticed some defects. For example, we found the tiling not done properly, and after some further questioning it turned out that the contractor is not a tiler but just does it 'on the side'. We then verbally agreed with the contractor that a tiler would come to finish the work properly. However, this has not happened yet.\n \nDuring the renovation we paid the first installment of the total quote amount, however this was an unspecified invoice that only stated an amount. After that we received a second invoice that did contain some activities from the quote, and the invoice for the additional work that described all the additional work.\n\n After determining the defects and the proposed solution from the contractor, we also paid the second invoice. However, we have not yet paid for the additional work, because we want the work to be repaired first. We are afraid that the contractor will leave it at that if the additional work is also paid for.\n \nThe point is that the amounts of the first invoice and the second invoice added together are lower than the original total amount of the quotation\/order confirmation due to the reduced work. Now the contractor is threatening to send an invoice (in addition to the additional work) if we do not pay for the additional work first. Of course we are not waiting for this, because these are activities that were never carried out but are still on the original quotation.\n\n To make it even more confusing, the second invoice (which is itemized) does not list all the work that was carried out. Now we think that the contractor can still do that, even if we do pay for the additional work. What should we do now to avoid surprises later, and how many invoices can the contractor still send? It is not possible to have work created out of nowhere to get us paid?\n \nFor example, can we have a delivery document signed, so that the assignment is 'completed'. Or can the contractor still send an invoice, even after signing this document? And what exactly is the situation with the additional work invoice. We only received an invoice for this without a signed order confirmation. On paper, we never formally gave an order for the additional work, only by means of a verbal agreement with the contractor. Of course, this is the last option, because we want to complete it properly, but we also do not want to pay twice for the work.\n\n Thank you in advance for your response.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e \nGiving an order is free of form, this can be done verbally. However, if a discussion then arises about the scope\/execution of the work and the price to be paid for it, a problem of evidence law can arise for both parties. If the invoice for the additional work contains a clear specification for the work, a second invoice cannot be sent for it. For the second invoice, I would send an email to the contractor with the request to adjust the specification, you can state in the email itself the work that should be on that specification.\n \nIt is customary for the contractor to draw up a report of delivery which also includes any delivery defects. You should consult the general and special conditions applicable to the construction contract to see whether this document should indeed be drawn up. If so, the contractor will still have to do so, possibly waiting until the tiler has completed the repair work. In any case, record all agreements properly in letters or e-mails, confirm the agreement regarding the tiling work and inquire about the planning of the work.\n\n\u003ch4\u003e Questioner\u003c\/h4\u003e\n\n Dear André,\n\n Thank you very much for your answer. I will ask the contractor in writing to adjust the second invoice, so that all work is specified. Is the verbal agreement regarding the less work also legally valid, or should I also put this in writing or send an email?\n \nTo repair the tiling, the contractor asked us to purchase new tiles since we selected and purchased them ourselves. We agreed to this, but can we deduct these repair costs from the additional work invoice?\n\n Finally, the question of how many rights both parties can derive from the drawn up and signed report. I assume that we, on our side, accept the state of the work and can no longer simply appeal to the contractor. But what about the other way around. For example, can the contractor no longer send us invoices from that moment on?\n\n Thank you in advance for your response.\n\n\u003ch4\u003e Lawyer\u003c\/h4\u003e\n\n The oral agreement is legally valid, but in the event of a dispute it is difficult to prove what the agreement exactly entails. For this reason it is advisable to always confirm agreements in writing.\n \nIt seems to me only fair that the costs of the tiles are deducted from the additional work invoice, I would announce this in writing. The general terms and conditions of the contractor may state that settlement is not permitted.\n\n A report of completion establishes that the work has been completed and what the possible defects are, so no further work under the agreement can be claimed. The contractor can only invoice for that for which an order was given and that which has actually been carried out. The latter is evident from the report of completion.\n\n","brand":"Rechtswinkel.nl","offers":[{"title":"Default Title","offer_id":55005766189405,"sku":"","price":0.0,"currency_code":"EUR","in_stock":true}],"url":"https:\/\/www.rechtswinkel.nl\/en\/products\/vragen-56175-beste-juristen-begin-van-dit-jaar-hebben-wij-onze-woning-laten-verbouwen-vooraf-hebben-wij-een-of","provider":"Rechtswinkel.nl","version":"1.0","type":"link"}