Legal assistance with construction problems | Rechtswinkel.nl

Questioner

In our new-build home, a crack has developed in the subfloor that extends into the glued PVC floor. As a result, a 'vein' is visible across the entire width of the home. Both the upholsterer and the contractor are approached and both point to each other. The upholsterer indicates that this is caused by the subfloor and is not his fault. Contractor states that cracks are not covered by the warranty. Building insurance rejects claim because construction defects are not covered. We still have the option to submit it to CBW (upholsterer) or Woningborg (contractor), but I wonder what our chances are.

Lawyer

I consider the chance of success to be quite high. The house must be delivered free of defects and the question is whether the defect can be blamed on the contractor. If the upholsterer also denies liability, you can consider calling in an independent expert in consultation with the parties whose judgment will be binding and the party that is least right will bear the costs of the investigation.

Questioner

Thanks for your response, as I read it the best chance lies with the upholsterer (CBW) or is it smarter to start a case directly on the basis of wrong. (provided both parties agree of course)

Lawyer

You would be wise to first try an upholsterer with sufficient evidence and then, in consultation with the parties, call in an independent expert.

Lawyer

Regardless of any guarantee, the contractor is liable for (hidden) defects in the work. A cracked subfloor can be considered such a defect. In my opinion, this defect should therefore be repaired at the contractor's expense. I specialize in construction law and, if desired, I would be happy to assist you in this matter.

Questioner

Thank you for your response. In this case, the contractor indicated that this occurred after delivery and according to Woningborg falls under a set/shrinkage crack which is excluded from the guarantee. So I would do well to submit a request for repair via Woningborg. I have not done this yet.

Lawyer

The fact that the crack occurred after delivery does not release the contractor from his liability. Of course, it could be a shrinkage crack, which is excluded from the guarantee. The crack could also be the result of a construction error. In that case, the contractor is liable in any case. This must therefore be investigated.

Lawyer

After you have held Woningborg liable and they reject this, you can demonstrate with the independent third party where exactly the fault lies, whereby this judgment will then have to be binding. The contractor will then have to accept it.