Notice of default in case of failure to accept registered letters?

Questioner

Renovation of purchased house. Work has been done. However, certain activities have not been done and the contractor says he has no money left. We have sent a letter twice that is registered and puts him in default. He does not accept these letters. How can I put him in default when he does not accept the letters about it? How can we continue with another contractor?

Lawyer

Dear Sir/Madam, The contractor must be in default. Default occurs when the debtor is put in default by a written reminder in which he is given a reasonable period for compliance, and compliance is not forthcoming within this period. The law provides the following regarding the sending of a written reminder. A statement addressed to a specific person must, in order to be effective, have reached that person. However, a statement that has not reached the person to whom it was addressed, or has not reached him in time, also has effect if this failure to reach him or her in time is the result of his own action, of the action of persons for whom he is liable, or of other circumstances that concern his person and justify him bearing the loss. After the contractor is in default, the agreement must be partially terminated in the sense that the work no longer needs to be carried out and part of the contract sum no longer needs to be paid or repaid. If you need personal advice, please feel free to contact me at pjdejong@solutionsadvocaten.nl. We can then discuss the possibilities.