Construction consultant did not do his job properly

Questioner

I bought a new house last year. When they started building the house I decided to hire a construction consultant. That construction consultant would then check during the construction whether the construction was going well. It was a considerable amount of money to have a consultant walk along during the entire construction. But because I am often abroad for my work I decided to do it anyway. Now yesterday there was a viewing day for the buyers. I am not at home myself but now my mother went to have a look. She discovered that there is a window in the attic that is not as it is indicated on the drawing. That window should be in the middle of the wall. If you come upstairs now you will see that immediately. The window is 16 cm from the middle. Now the question is to what extent can I hold my building consultant partly responsible for this. Of course it will still be a battle with the construction company. But my building consultant has also been quite deficient. Yours sincerely,

Lawyer

The construction consultant did not do his job properly, he should have noticed this deviation from the drawing in time. However, it is now also the consultant's task to ensure that the contractor corrects this error. Assuming that the contractor will correct the error, the question remains as to what damage the consultant's default has caused. It could be that you will be able to move into the house later because of the repair work; the contractor is primarily liable for this damage, but you can also hold the consultant liable for it as a subsidiary. In the situation that the error cannot be corrected, the consultant can certainly be held liable for the damage caused by it, in addition to the contractor. However, it is difficult to determine the 'value' of this damage, because determining how much less the house is worth as a result is a difficult matter. In that case, you could start by claiming back the amounts paid to the consultant.

Questioner

If the contractor cannot or does not want to rectify the error, is it possible to terminate the purchase agreement? Is it possible to cancel the purchase agreement if I do not agree with a compensation proposal made by the contractor? If the purchase agreement is terminated, is it possible to claim the interest paid on the mortgage from the contractor? Yours sincerely, Michel Steijvers

Lawyer

The cancellation of the purchase of the house because of an incorrectly placed roof window will not be granted quickly. The requested cancellation is in that case disproportionate to the breach of contract. Cancellation will only be granted if the purchased item cannot be used for the purpose for which it was purchased. If the seller is prepared to agree to the cancellation, then of course it is a different story. The same applies with regard to the situation that you do not agree with the compensation proposal made. If a claim for dissolution is granted, it will not have retroactive effect (as in the case of cancellation of the agreement), but all deliveries and payments must be undone and any damages (such as interest payments) must also be compensated.