Work that is half-finished, a contractor who stops responding or delivers sloppy work. You are not alone. As a legal firm in Rotterdam, we at Ember Law Firm receive calls every week from entrepreneurs and private individuals alike who find themselves in exactly this kind of situation. What are your options? And how do you start proceedings for breach of contract?
Step 1: Sending a Notice of Default
The first step is sending a written notice of default. This gives the contractor one last chance to fulfill their obligations within a reasonable timeframe. In many cases, you cannot take further action without this step.
We offer powerful, legally sound sample letters – or we can send this letter on your behalf, putting you in an immediate stronger position. You can find our template here: Model: putting the contractor in default.
Step 2: Claim dissolution or compensation
If the contractor does not respond or refuses to perform, you can dissolve the agreement and/or claim compensation for the damages you have suffered. This step requires careful legal substantiation.
Step 3: Having a summons drafted
When the dispute goes to court, we will draft a summons on your behalf. This document describes exactly what happened, which agreements were violated, and the amount you are claiming. We ensure complete substantiation, including supporting evidence, and engage the bailiff.
Step 4: The hearing before the sub-district court judge
The proceedings usually take place before the sub-district court judge. Ember Law Firm ensures a convincing legal presentation of your case. Our style is clear, sharp, and results-oriented.
Conclusion
Are you dealing with a contractor who is not honoring their agreements? Contact Ember Law Firm in Rotterdam. We will help you professionally enforce your rights – without stress and without wasting time: 085 303 8277.
Frequently Asked Questions
The first step is sending a written notice of default. This formally gives the contractor one final opportunity to fulfill their obligations within a reasonable timeframe before you can pursue further legal action.
Yes. If the contractor fails to respond to your notice of default or refuses to fix the sloppy work, you have the right to dissolve the agreement and/or claim compensation for the damages suffered.
A summons is drafted to detail exactly what occurred, which agreements were breached, and the amount of compensation you are seeking. This document includes all supporting evidence and is officially delivered by a bailiff.
In most instances, proceedings for these types of breach of contract cases take place before a sub-district court judge (kantonrechter).
