How can I hold a contractor who caused damage to my home liable?

Questioner

I am part of a VVE in Amsterdam together with 3 other homeowners. In 2019, the windows and frames on our shared attic floor were replaced because they were no longer in good condition. This process of installing frames took a long time. They once installed the wrong frames and they failed to show up last minute on the days they were supposed to install them. Once the frames had been replaced, I quickly noticed damp patches under the windows. This looked like a leak through these frames. The construction company denied this and, after an inspection, came up with a quote of €2000 to carry out other facade work so that the leak would be fixed. My neighbours and I did not have a good feeling about this, even after the difficult communication with this company. Our insurance cannot help us as long as the cause of the damage is not known. We therefore had Polygon carry out a damage investigation. This showed very clearly that the leak was indeed coming through the frames. The frames themselves are therefore not in good condition and there is consequential damage, the cause of which is not being addressed. This is all on the email (with damage investigation) to the company that we want to hold liable. They previously indicated that they did not recognize themselves in the damage investigation, now they are no longer responding. Our building insurer advises us to hold them liable, because our insurance can do nothing for us now either. What to do? How do I make sure that I hold them liable, how does this work, and how can I get this company to take action?

Lawyer

You now have a report and you can simply indicate chronologically in a registered letter what exactly the content of the agreement is, what defects have been found, that the contractor does not wish to repair them free of charge and that you have commissioned a third party to carry out an expertise. The contractor will also be held liable for these costs. You claim to have suffered damage as a result of the defects, you can already estimate the damage. To be on the safe side, you can still give the contractor a chance to repair the part of the defects for you free of charge, in order to avoid default. However, he must then also pay you the damage that is the result of the leak. If all (permitted) dates have expired after the registered letter, the liability claim will be made. Would you like some help with this?

Questioner

Good morning, Thank you very much for your response. I sent a certified letter setting out the facts and stating that we are holding them liable. Next Monday the response period expires and I think that the data will indeed expire. You call that the liability claim follows. How exactly does this work and what is the next step? Thank you in advance, Rosemary

Lawyer

Is the contractor in question affiliated with a disputes committee? In that case, you could submit the complaint there. After you have reported the complaint to the contractor. If not, there is consequential damage and there is damage due to breach of contract. For example, you must have the items repaired by a third party. You can try to recover these costs, again in a letter and demand for payment. The question is whether the other party believes that you will go to court if necessary, that you will be taken seriously enough. Without that pressure or conviction, not much will happen.