Conflict with contractor after delivery of extension (water damage)

Questioner

In August 2021, our 3-meter extension, to expand our living room, was completed and delivered. After a week, our new herringbone PVC floor, which was laid by an external party, came up. After a lot of communication and hassle between me and the contractor, it was only in November (!!) that the contractor admitted that it was a construction error. In the meantime, the floor also came up in another place. Total additional costs for the floor layer: 1500 euros. It was verbally agreed that the contractor would pay this to us, because I would pay the invoice to the floor layer. After a lot of hassle, this was paid to us through the contractor's insurance, but that's beside the point. The insurance company held the contractor liable because the connection between the new roof and the new drainpipe of the extension was not properly connected, causing the water to sink down. The other cause was that the water-repellent tarpaulin had been open under the extension for weeks, allowing the water to flow everywhere. This was repaired by the contractor. Now since 2 weeks, around the date of December 10, 2021, the floor is coming up again in those 2 places. I immediately reported this to the contractor, who does not want to take any responsibility and immediately sends it to the insurance company. In principle fine, but I do not feel like waiting for weeks again for the insurer to send money or a contractor to repair it. The contractor does not want to know anything. Where the floor is now open, there is also a draft coming from under the skirting boards. For me, 1 and 1 is of course 2, in short, where there is a draft, there can also be moisture. I have even recently experienced a draft coming through the electrical sockets. Now my question, according to the quote total 45000 euro was paid in 5 installments. I am concerned about 2 installments namely installment 4 and 5. Term 4 of 5880, 20 euros means that payment was made on the basis of completion wind and watertight. As you can read in the above story, it is anything but wind and watertight. Term 5 of 1000 euros means that payment was made on the basis of the proper completion of the extension. This was paid upon delivery in August. I want both terms of approximately 6880 euros back from the contractor. Given the hassle, the botched work and the incompetence of the contractor, I think it is reasonable to receive these amounts back because it has turned out that it was not wind and watertight and not properly delivered. If I am in the right, I want to take further steps in this. I would like to hear from you if I indeed have valid reasons to take steps in this to get my money back.

Lawyer

What do you do if the contractor tells you later that his insurer rejects the claim for damages? It is better to give this contractor written notice of default and give him the opportunity to resolve the matter for you free of charge or alternatively to have the damage repaired by a third party at his own expense. You give a term for this. If the term expires, the contractor is in default and you can then take further steps if it comes to the point that terms 4 and 5 are not repaid and you are left with the damage.