What should you do in construction disputes?

Problems with your contractor, craftsman or architect? A leak in the roof after construction work? Or a cracked tile? What should you actually do in construction disputes? You can read about it here!

Contents

• General legislation: the Breyne Act
• Problems with the contractor or architect
• Problems with a professional
• Technical construction disputes
• Non-technical construction disputes

What should you do in construction disputes?

1. General legislation: the Breyne Act

The Breyne Law:

• provides comprehensive protection for prospective builders and buyers.
• Establishes the rights and duties of each player on the construction site.
• provides guarantees for builders and buyers.

The terms of Breyne Law:

• You are having a house or apartment built or buying a house to be built or home under construction.
• You are buying an existing home, where the seller is expanding or significantly remodeling that home (at least 80% of the sale price and more than 18,600 euros).
• The building is intended for residential or professional and residential use.
• You must make one or more payments before the work is fully completed, according to the terms of the contract.
• You may only work with one contractor.
• Your agreement should include two steps:
  • The preliminary delivery
  • The final delivery

2. Problems with the contractor or architect

Does your contractor or architect not respect to apply the contract?

• The Breyne Law: The contractor must fulfill his obligations according to the agreements in the contract and thus within the time and price specified therein.
• Does the contractor refuse to do this? Then deliver a formal notice of default asking him to comply with the contract.
• No response? Step to the Construction Reconciliation Commission (technical) or Consumer Ombudsman Service (non-technical).
• Is it still not resolved after this? Then go to civil court (private individual – contractor/architect) or corporate court (company – contractor/architect).

3. Problems with a professional

Did the craftsman perform shoddy work? Were pipes connected incorrectly?

• Breyne Law: The craftsman must fulfill his obligations and bring the works to completion.
• Dissatisfied? Raise it, consult and find a solution.
• Deliver a formal letter to the craftsman, asking in it for a solution to the problem (price reduction, repair, etc.).
• No response from the professional? Try to resolve the problem through an independent mediator on the online platform Belmed. This mediation will cost you money, but is often cheaper than and legal process.

4. Technical construction disputes

Is your roof not waterproof after the works? Are the joints of your tiles cracked?

• File an online complaint with the non-profit Construction Reconciliation Commission.
• The Building Reconciliation Committee organizes a sit in which it chooses an expert.
• The expert visits the site and tries to reach a compromise with both parties.
• Does this fail? Then the expert draws up a technical report. This report is binding on both parties.
• Is it still not resolved after this? Then go to civil court (private individual – contractor/architect) or corporate court (company – contractor/architect).

5. Non-technical construction disputes.

Are your invoices not correct? Is the contractor not showing up? Did the contractor use different materials than promised in the contract?

• Contact the Consumer Ombudsman Service.
• The Consumer Ombudsman Service:
  • Informs consumers of dispute resolutions.
  • receives consumer complaints and forwards them to the appropriate service.
  • handles the complaint itself to reach an amicable solution if no other ombuds service is competent to do so.

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