Claiming painting damage from a painter?

Questioner

The painter caused damage, including paint mist on parquet and turpentine haze on the terrace. I spoke to him about this during the painting. He then stopped the painting work and sent his invoice. The defects have not been remedied. The painting work is not finished. A second painting assignment will not be started. I have gone through the entire process of verbally and in writing pointing out the defects, notice of default, claim for liability. He has stated through his insurance company that there is no irrefutable evidence that he actually caused the damage and that the damage can be attributed to him. The paint on the parquet is from the previous painter and the turpentine haze will disappear in time according to him. Now there is a summons from his legal aid because I have not paid the invoice and there is talk of extrajudicial collection costs and interest. How do I avoid paying the invoice (and extrajudicial collection costs and interest)? How do I make sure he compensates me for the damage?

Lawyer

You could then inform the painter's lawyer that the painter is now in default and that you are therefore suspending any obligations of your own, until the painter has fulfilled (all) his obligations. This may well result in a procedure. You would therefore be wise to seek legal assistance as soon as possible (before taking further action). The content of any (construction) agreement you may have signed may also be important for your legal position.