Terminate agreement due to contractor's failure to comply with agreements?


Questioner

In July 2023, I started working with a contractor who would renovate our business premises. It was a complete renovation in which toilets, office spaces, plasterwork, painting and floors would be laid. The agreement was that the work would be completed by the end of September at the latest. This had to do with the fact that the current rent of my current building would end on October 1. However, the work is not finished and the contractor is at about 50%. On September 28, I received a message that I have to ask the real estate agent if I can extend my current rent by two weeks. This is 1 day before I had to hand in the keys on September 29. I put the contractor in default today and stated that I want everything finished within 2 weeks. This is also the space I had to stay in my current building from the landlord. However, due to poor communication, not picking up or something else going on every time, I no longer have confidence that this will work out. There are also cracks in the walls, the stairs are damaged and in certain places it has already been painted without primer, which means there are stripes, stripes and paint splashes on the wall. I actually want to terminate the agreement immediately due to non-performance and not complying with agreements. Is this possible?

Lawyer

Dear Sir/Madam, For a contract for the performance of work to be terminated, 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 performance, and performance fails to occur within this period (the notice of default). There are a few exceptions to this main rule and a notice of default is therefore not necessary. Whether you could rely on these exceptions, I cannot assess on the basis of this information and these documents. If the contractor is in default in fulfilling his obligations, the client can terminate the contract. I would like to make an appointment with you for this. Would you like to contact me for this at pjdejong@solutionsadvocaten.nl

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