How can I force a painter to comply with agreements?

Questioner

We had our house painted in June 2021. In November/December, this paintwork already started to peel off. We immediately contacted the painter regarding the 2-year warranty. The painter responded after photos that he would come and take a look and, if desired, repaint when the weather improved. However, after a lot of back and forth contact, he still has not kept his agreements and no longer responds to any form of contact. The paintwork is now really bad and there is moisture between the windows of three windows. How can I take steps to recover the costs or to ensure that agreements are met? We have documented everything, both by email and Whatsapp. We have also given him an end date to be able to resolve it properly, because in the end this is the most pleasant for both parties. Unfortunately, he does not respond to this either.

Lawyer

It appears that you may be dealing with a breach of contract, as the painter has not fulfilled his obligations under the agreement. There are a number of steps you can consider: 1. Written notice of default: Since you have already contacted the painter and he has not responded, the next step is to send a formal letter officially putting him in default (a so-called notice of default). This letter should point out the painter's default and give him a reasonable period of time to still meet his obligations. 2. Fine or compensation: If repainting is no longer possible or does not provide a solution, compensation may be claimed. This will depend on what is stipulated in the agreement. 3. Engaging a third party: If the painter ignores the notice of default, you can choose to have the work carried out by a third party and recover the costs from the original painter. It is wise to obtain legal advice about this in advance. 4. Legal proceedings: If all the above steps do not lead to a solution, legal proceedings can always be initiated. In this case, the claim for compliance, or in the case of non-conformity, compensation, is submitted to the judge. It is wise to engage a lawyer or attorney to assist you with this, as there are many technical and legal aspects involved in these types of processes. ---------------- Please note! This free advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer ---------------- Call us for further assistance Stichting Rechtswinkel.nl is a national organization with students and volunteers. We may be able to help you free of charge or refer you to a reliable lawyer or legal expert. Call us during office hours on 040 2350423.