How can I proceed in case of a breach of contract?
March 25, 2022 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
I am writing to you today with a question regarding contract law. Several months ago, I entered into a contract with a company that offers services in the area of house renovation. According to the contract, the renovation should have been completed within six weeks. However, it has now been twelve weeks and the work is far from finished. Additionally, some of the work has been done poorly and there have been delays due to lack of materials and unreliable workers.
I am very concerned about the situation, as I have already paid a large portion of the agreed sum but the work has not been completed as agreed. I have tried multiple times to contact the company and find a solution, but my concerns have not been taken seriously and the situation has not improved.
Therefore, my question to you is: How can I address this breach of contract and protect my rights as a consumer? Are there legal steps I can take to receive appropriate compensation and ensure that the work is completed properly? I would greatly appreciate your support and advice on this matter.
Sincerely,
Marco Reimann
Dear Mr. Reimann,
Thank you for your inquiry regarding contract law in relation to the house renovation. I am sorry to hear that you have found yourself in a situation where the work was not carried out as agreed, resulting in delays and defects. As a consumer, you have certain rights that can protect you in such a situation and help you to be appropriately compensated.
First and foremost, it is important that you make a written complaint to the company. This means that you inform the company in writing of the defects and delays that have occurred and set a reasonable deadline for the work to be completed properly. It is advisable to do this by registered mail with return receipt to have proof of the receipt of the letter.
If the company does not respond or refuses to complete the work properly even after the written complaint, you have various legal options as a consumer. One of these is the reduction of the agreed price. This means that you can claim back a portion of the agreed sum, as the services were not provided as agreed.
Furthermore, you have the right to compensation if you have suffered a loss due to the company's breach of contract. This may include additional costs for rectifying the defects or financial losses due to the delays.
If the company still does not respond or refuses to provide a reasonable compensation after a reasonable deadline, you can take legal action. In this case, I recommend seeking the assistance of a lawyer who can represent you in any potential legal proceedings.
It is important that you gather and keep all relevant documents such as the contract, correspondence with the company, and any expert reports to support your claims.
I hope that my advice helps you and supports you in this matter. If you have any further questions or need legal assistance, I am here to help.
Sincerely,
Mia Schulz, Attorney at Law
