Renovation contractor fails to show up despite 50% down payment.

Questioner

Our contractor will start installing a ridge heightening at the beginning of 2023. Here in 2022 we paid half of the total amount of +-25,000 euros. Our neighbor would also place a ridge increase at the same time as us via the same contractor and transferred the same amount to them. However, after several made-up excuses it turned out that they are financially broke and are filling one project with the other pot. They have also stated that they will most likely not start with us again. Unfortunately, we do not have legal expenses insurance ourselves. Our neighbor does, but unfortunately we cannot join that. We would like to receive the money we paid back. How can we best approach this in our situation? We naturally have all documentation of invoices, messages, etc. in stock.

Lawyer

Of course, it is very frustrating when you are in such a situation. It seems that the contractor is not fulfilling his contractual obligations, which we call a breach of contract. Although I recommend that you seek legal advice from a lawyer or attorney, I would like to give you some steps that you may consider to address this issue. 1. **Report the default**: It is important that you give the contractor written notice of default by registered letter. Refer to the specific contract or quotation, the agreed work and the fact that it has not yet started. Give the contractor a reasonable period (for example 2 weeks) to still meet his obligations. 2. **Withdrawal of contract**: If the contractor does not resume work within the specified time frame, you could withdraw the contract and request that he refund the amount paid. 3. **Legal action**: If the contractor does not respond satisfactorily, you may consider taking legal action. You could start legal proceedings to recover your money. In this case, a lawsuit before a civil court may be relevant. 4. **Working together**: You mentioned that your neighbor is also in a similar situation. Although you cannot use his legal expenses insurance, you might consider hiring a lawyer together, because your cases are similar. This can be cost-effective. 5. **Check insolvency register**: If the contractor is bankrupt or has been granted a moratorium, check the Central Insolvency Register and then contact the trustee. 6. **Hire a law firm/jurist**: Since there is a considerable amount of money involved, you could hire a specialized lawyer or jurist to advise you further and assist you in any proceedings. It is advisable to consider this, given the complexity of the situation. Please note: Engaging legal assistance may involve costs. You may be eligible for subsidized legal aid. Verify this with the Legal Desk or with a social counselor in your municipality. --------------- 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.