Notice of default of performance

Questioner

A difficult long story that has been going on since mid-December. It concerns the laying of our purchased floor. What is important in this is that I sent the complaint by email on 22-12-2023 to L. with whom we entered into the agreement on 18-08-2023. L. is affiliated with the CBW and also applies the CBW conditions. Our floor was delivered on 20-12-2023 and I received a delivery note from the installer by email. I did not sign this because of the complaints we had after checking the floor. All this was communicated by email to L. on 22-12-2023, since L. had previously indicated to me that they have 6 weeks, according to CBW conditions, to solve a problem. We are currently in week 5 after the problem arose and to date it has not yet been resolved. The installer sent me a WhatsApp message last Monday 22-01-2024 asking if he could come by on Wednesday 24-01-2024 to assess the floor and, according to him, solve 'minor' errors. Unfortunately, I currently have corona, which meant that last Wednesday could not go ahead. Errors that we have found and about which we have contacted L. by email are: - In the living room, there are places on the long sections where the floor has been laid too tightly, causing it to rise at the seams. - The floor has been laid too tightly along the skirting boards, causing it to rise in several places. - In the hall there is a piece near the toilet door where too much was cut off and a small piece was placed there to solve this problem. - In some places the PVC is not fixed, especially along the skirting boards - There was supposed to be sealant at certain points, I also paid for sealant, but this did not happen because it was not included and according to the installer it should have been done. On 09-01-2024 the following complaint was sent to L.: Our floor has horizontal stripes running along the length of the planks, which we initially thought might be dirt. After mopping the floor several times, these horizontal stripes do not appear to go away and today we were told by a flooring specialist that this could be a production error in the PVC. It is not possible to show in a photo what we mean so one of you will have to come by and judge this. Now my question is whether I should put L. in default and if so, when? Or are they already in default? Should I then cite breach of contract and non-conformity as arguments with the associated legal articles? The above described parts are only a small part of a whole hassle I have with L. Actually nothing went without problems.

Lawyer

What an unpleasant situation you are in. Mr. L. is in principle already legally in default because the recovery period has expired. You can inform Mr. L. of this in writing and announce a liability claim. If it suits you, I can assist you in this matter free of charge with legal assistance. You can contact me via this platform or via email address: groenewegenjuristen@gmail.com Greetings, Mr. Groenewegen, J.