Floor layer will charge costs after scheduling a new appointment.


Questioner

My parents are renovating and unfortunately the fitter who installed the kitchen rejected two pipes (which were installed by a plumber based on the seller's drawings) and therefore gave us two days to rectify this. The problem now is that this unfortunately means that the installation of the floor cannot take place on the agreed dates (Wednesday and Thursday). On Monday morning I contacted the seller of the floor, who in turn contacted the installer. The next opportunity is in x number of weeks. This is not a problem for us. What I have now run into is that the layer is asking 240 euros per day which he is not coming to lay. (The costs would have been calculated at 420 euros per day and the planning was for 2 days). In short: On Monday (January 15) we canceled the floor installer, immediately after we were told that the kitchen would be delayed. The floor layers were scheduled to come on Wednesday and Thursday to lay the floor. Are they entitled to demand this, in my opinion, large amount from my parents? So it amounts to 240 euros per day, which makes a total of 480 euros.

Lawyer

It is very tricky and can depend on the exact circumstances and contractual terms. The applicable law is Dutch contract law. Based on this right, it is then examined whether there is an agreement and whether the floor layer can claim any form of compensation or damages due to the cancelled appointment. On the other hand, it could be argued that since your parents cancelled the appointment on Monday - two days prior to the scheduled work on Wednesday and Thursday - this may be a reasonable amount of time for the floor installer to schedule other work and thus limit the damage. The actual amount the installer charges can also be a point of contention. It would be reasonable to charge for the loss of work on those days, but the amount should reflect his actual loss, not the full value of his standard fee for installing flooring. You could argue on your side that the delay was not your parents' fault, but the fault of the fitter and plumber, who were responsible for connecting the pipes correctly. In those circumstances, it would not be fair for your parents to have to pay for the mistakes of others. In any case, it may be wise to consult a legal professional to investigate this matter further. Although I have looked at your situation to give you an idea, there may be aspects that I have not been able to consider due to the lack of specific legal information. --------------- 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.

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