Can I claim compensation if the contracting party fails to fulfill its obligations?
October 25, 2022 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
I am contacting you because I am in a difficult situation and urgently need legal advice. My question pertains to contract law and the possibility of claiming damages if my contractual partner fails to fulfill their obligations.
The background of my question is as follows: Several months ago, I entered into a contract with a handyman for the renovation of my bathroom. It was agreed that the work should be completed within four weeks. Unfortunately, the handyman has repeatedly rescheduled appointments, worked unreliably, and significantly exceeded the agreed time frame. As a result, I have not only incurred financial losses due to rental costs for temporary accommodation, but also experienced significant stress and inconvenience.
I am concerned that I may have to bear additional costs due to the delays and deficiencies of the handyman, and I wonder if I can claim damages in this situation. Are there legal options to enforce my rights and compensate for the damage incurred? What steps should I take in this situation to assert my right to damages?
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Hilde Evers
Dear Mrs. Evers,
Thank you for your inquiry and your trust in my legal advice. I am sorry to hear that you have found yourself in such a difficult situation and are facing delays and deficiencies from the craftsman. I would be happy to assist you in this matter and show you what legal options you have to claim compensation for damages.
First and foremost, it is important to emphasize that as a contracting party of the craftsman, you are entitled to proper performance of the contract. This means that the craftsman must provide the agreed services in a timely and proper manner. If he fails to do so, this may lead to compensation claims on your part.
In your case, where the craftsman has significantly exceeded the time frame and also worked unreliably, there is a breach of contract. As a result, you have not only suffered financial losses due to the rental costs of the temporary accommodation, but also stress and inconvenience. You can generally claim these damages from the craftsman as compensation.
To enforce your claims, you should first formally request the craftsman to provide the agreed services in a timely and proper manner. Give him a reasonable deadline and make it clear that you will claim compensation for damages in case of further delays. Document all defects and delays precisely and keep all relevant documents.
If the craftsman fails to fulfill his obligations even after the deadline, I recommend seeking the assistance of a lawyer to enforce your claims in court. A lawyer can help you assess the amount of damages, evaluate the chances of success of a lawsuit, and coordinate all further steps.
Overall, you have good chances of successfully claiming compensation for damages. I hope that my explanations are helpful to you and I am available for any further questions.
Sincerely,
Mia Schulz
Attorney-at-law
