No payment due to contractor's failure to comply with agreements?

Questioner

I had a renovation done by a contractor. He did it and it is now finished. I had made a verbal agreement that all additional work should be discussed in advance or at least as soon as possible, because I have to manage my budget. This was not done. For the part that was done I had to call back myself. The communication was very difficult anyway and the contractor was difficult to reach. After delivery I received an additional invoice of € 16,700. We entered into a discussion and I sent an email with another proposal, because the additional work had already been done, but not according to agreements that I should know in advance. According to the contractor, it all happened so fast that it was unmanageable, but of course we disagree on that. They made a gesture of €5000,- because 'I pointed out their responsibility to them'. During the delivery I was at home with stress and burn-out complaints and I chose to pay for this, but now that I feel a bit better again, this is simply not right. I have already paid 68%, but still have to pay 1 installment of €4700. Is there anything else you can do to stop paying this?

Lawyer

Based on your description, it appears that the contractor did not comply with the agreement on the additional work. In Dutch law, verbal agreements can actually be binding, although it can be more difficult to prove what exactly was agreed. If there is a conflict about the compliance with this agreement, it can be useful to keep track of the communication that has taken place. In addition, if you believe that the additional work is unreasonably high in relation to what was proposed to you, you can possibly engage an independent expert to assess this. It is important to document this well. If you feel that the stress and health concerns about the situation have contributed to your decision to pay, and that you have in fact been pressured into doing so, this could potentially be termed mistake. Mistake can be invoked when you enter into an agreement based on a misrepresentation. However, this is a complex legal issue and it is advisable to seek professional advice. Ultimately, disputing the invoice could potentially lead to a legal conflict, so it is advisable to discuss this scenario with a legal advisor or attorney before taking further action. It is always important to realize that I can only give you exploratory advice based on the description you have given; for definitive advice, it is best to consult a lawyer or attorney.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above 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 I would like to invite you to rate the above answer so that we can learn from your response.