Next step in case of poor work by a bathroom installer?

Questioner

Last July we had a new bathroom installed by a construction company. The work itself was quite a hassle because his people did not speak Dutch and kept carrying out activities without consulting us first, after which things sometimes had to be done again. In the end we agreed with the end result and immediately paid the invoice. The bathroom is adjacent to our bedroom with one wall. From October onwards we started to notice dark spots on this wall in the bedroom. Another month later the entire skirting board was covered in black mould and saltpetre started to form on the wall. The paint also started to flake off where they had installed new water pipes. It is clear that they did not put the shower tray in a waterproof tarpaulin, but poured it directly onto the screed. And the diverted water pipes are apparently not waterproof either. Our entire bedroom wall is mouldy and rotting. We also suspect that they did not waterproof the base of the tiles either. In the meantime I try to contact the installer several times a week. I have had him on the phone a few times. Then he said things like - that is no problem, I am insured for that, I will send a local installer to measure the situation and then I will have it fixed - oh, unfortunately I do not have any staff available, they are all sick - I will call you back later, I am busy now (but never calls back). And most of the time I can't get him on the phone at all. They do claim to have CAR insurance that covers all of this. (Quote from their website: 'In addition, as an added layer of security, we have comprehensive CAR insurance that protects you and your investment. This insurance gives you the peace of mind that any unforeseen circumstances will be handled with care, allowing you to fully indulge in the pleasure of your home renovation.') Ultimately, the damage they caused must be completely repaired. I want to do this as respectfully as possible, but firmly. Could you advise me on what next steps I should take here?

Lawyer

Good afternoon, Annoying situation you are in. In this case, it concerns the acceptance of work. In principle, the contractor himself is liable. In the event of a claim for damages from the contractor, he can indeed contact his insurer. However, this is beyond your control, since you have an agreement with the contractor. It is best to send an official letter (or have it sent), so that liability is acknowledged and damage can be recovered via the insurer or directly from the contractor. In the latter case, a procedure at the court is also a possibility. The repair costs are eligible for compensation, but also additional costs (think of replacing damaged furniture, etc.). Feel free to contact us without obligation to discuss the possibilities. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526