What if the contractor doesn't finish the work?

If your contractor doesn't finish the work, formally notify him in writing with a reasonable deadline to perform. If he doesn't respond, you can terminate the contract and claim damages. This is a common problem where quick action is important to protect your rights and prevent further costs.

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The short answer

A contractor who does not complete his work fails to fulfill his contractual obligations - this is called breach of contract. You must first formally notify him in writing and give him a reasonable deadline to complete the work. If he still does not respond or refuses, you can terminate the contract. You then have the right to a refund of advance payments and compensation for additional costs. It is important to document everything and carefully follow legal steps.

What does the law say?

The Civil Code regulates what happens if a contractor fails to fulfill his obligations. In a construction contract, the contractor is obligated to perform the agreed work according to the arrangements. If he does not do this, there is a breach of contract. You then have various legal remedies to enforce your rights and obtain compensation for any damage.

1Article 7:750 DCC: The contractor must perform the work according to the contract

2Article 6:74 DCC: In case of breach of contract, you must first notify the other party

3Article 6:265 DCC: After notice of default, you can terminate the contract

What should you pay attention to?

Pay close attention to the deadlines and make sure everything is documented in writing. Check whether there are valid reasons why the work is delayed, such as weather conditions or unforeseen problems. Also check whether you have fulfilled all your own obligations, such as providing necessary information or keeping the workplace clear.

1Always give written notice of default with a specific date

2Document everything: photos, emails, invoices and other communication

3Check if delays may be your own responsibility

4Keep evidence of damage and additional costs incurred

Example from practice

Ms. Jansen has her bathroom renovated for €8,000. After two weeks, the contractor suddenly stops working while the job is half finished. She sends a registered letter giving him 14 days to complete the work. He doesn't respond, so she terminates the contract. She gets €4,000 back for the unfinished work and can recover the additional costs (€1,500) for a new contractor. By documenting everything well, she has a strong legal position.

What can you do?

Follow these steps to protect your rights as best as possible:

1Send a written notice of default (registered) with a concrete date for completion

2Terminate the contract in writing if the contractor does not respond within the set deadline

3Demand a refund of advance payments and compensation for additional costs and damages

Conclusion

A contractor who fails to complete his work can be held accountable through a written notice of default followed by termination of the contract. Document everything well and demand compensation for incurred costs. For larger amounts or complex situations, legal assistance is advisable.

Frequently Asked Questions

How long do I have to give the contractor after the notice of default?

Can I immediately hire another contractor after termination?

What if the contractor goes bankrupt during the job?

Do I get the advance payments back?

Can the contractor take away his tools if I don't pay?

What if there are already defects in the work performed?

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