Assistance with legal questions about painting work

Questioner

Two years ago, I had a painting company repaint the walls and ceiling of my living room due to water damage. The company told me it would take at least a full day, maybe a day and a half, with two painters, to fix it. The invoice was over €900. Ultimately, they spent 3.5 hours working, so I requested an adjusted invoice. Furthermore, the work hadn't been done properly (banding and paint applied too thickly), so I called to ask the company to come back and inspect the results. They promised to contact me later, but they never did, even after I tried calling several times. I never received an invoice, so I assumed they weren't interested in the job anymore. I eventually had the painting done by another company. Now, two years later, I received an email from the first painting company, stating that I still owed an invoice and that they were still willing to take on repairs (two years later!). They asked if I could contact them. What should I do? I spent the money I received from the insurance company at the time on a second painting company.

Questioner

Dear questioner, The painting company's claim expired after two years. So, if it was exactly two years ago or longer, you can safely say so; if it was a little shorter, you'll need to put forward a more substantive defense.

Questioner

I believe the work was carried out in December 2010, but on January 30, 2012, I received an email from the painting company asking if I would contact them about payment of the invoice they had discovered was still outstanding. I can't remember exactly when the work was carried out, but I think it was about two years before I received the first email. Is there a legal provision I can cite in my response to the painting company?

Questioner

I made a mistake. Within two years, I received the first email asking if I wanted to contact them. I didn't respond at the time. Am I still within my rights to point out the statute of limitations on the claim?

Questioner

Dear questioner, it is a combination of articles that you can rely on: Article 5 paragraph 4 Book 7BW, Article 7:750BW, and Article 7:28BW. You could also argue that there is a forfeiture of rights due to inaction, as stated in Articles 6:89 of the Dutch Civil Code via 6:248 of the Dutch Civil Code (reasonableness and fairness, supplementary and derogatory effect).

Questioner

If you don't have it, you can get it. Given your complaints, I would simply try to contact this company. If they refuse, or if they offer a substantive defense, I can assist you further. I can, for example, write a retroactive letter of absence to eliminate or mitigate your performance obligations.