Completion · extra work · guarantees
Legal expenses insurance (rechtsbijstandverzekering) for an installation firm
In an installation business the conflict almost always starts at handover: it does not work the way the customer thought, the bill came out higher, and nobody can show what was agreed.
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Deze pagina in het Nederlands: Rechtsbijstandverzekering voor een installatiebedrijf.
The calculator and the quote form below are in Dutch. Prefer to do this in English? Email info@finassverzekert. nl or call 072 - 509 24 56 and we will take it from there.
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A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
An installation business works on the basis of a contract for work within the meaning of Article 7:750 of the Dutch Civil Code. That brings three provisions that come back in almost every file. Article 7:754 of the Dutch Civil Code imposes a duty to warn: if you see that the design, the existing installation or the materials supplied by the customer are not right, you have to say so. If you do not, you remain liable even though you followed the instructions. Article 7:755 DCC says that you may only charge for extra work if you drew the customer's attention to the price increase in good time. And Article 7:758 DCC provides that after handover you are released from liability for defects the customer should have noticed at the time.
Those three articles explain why the administration carries more weight for installers than the policy conditions. A dated, signed handover note, a written confirmation of extra work and a warning email kept on file decide whether the lawyer can run a case. Without them the discussion is one word against another and almost every legal expenses insurer advises settling. A related product page is liability insurance for an installation business.
The second focal point is staff. Fitters work with tools, at height and in customers' homes. An accident at work leads to an investigation and possibly to a claim under Article 7:658 of the Dutch Civil Code. Your liability insurer runs that claim, but the employment law aftermath, dismissal, a stoppage of pay for refusing suitable work, a dispute about a training costs clause for a certification, falls on the legal expenses policy. Wider context on this sector is at insurance for installation and maintenance.
This page deals with one situation. The full overview is on Compare personal legal expenses insurance (rechtsbijstandverzekering).
What to look out for
Four subjects on which an installation business judges this policy.
Extra work in writing, or not paid
The most common dispute is the final account coming out higher than the quotation. Without a timely warning about the price increase your position under Article 7:755 of the Dutch Civil Code is weak, even if the work was rightly carried out. Record extra work before you carry it out, including small changes on the day itself, and have the client confirm it.
Hidden defects and limitation
For defects that only come to light after handover, Article 7:761 of the Dutch Civil Codeapplies: the claim becomes time-barred two years after the client protested, and in any event after twenty years. So a leak in a pipe run or an installation sized incorrectly can come back years later. Keep calculations, drawings and test reports for a long time.
Subcontracting and the chain
If you work as a subcontractor, the main contractor's terms often apply, with a deduction arrangement for delay and a long payment period. If you work with your own subcontractors, you are responsible to your customer for their work. A dispute between your own insured entities is excluded. A dispute with a subcontractor falls under contracts, provided that module is included.
Certification and supervision
Work on gas-fired installations is subject to statutory certification, and separate competence requirements apply to refrigerants. A dispute with the certifying body or an enforcement decision falls under the cover only if administrative law is included. The fine itself is never covered, whichever module you choose.
What does your premium depend on?
- Number of fitters and wage bill: this determines the weight of the employment law module
- Annual turnover: and the split between private and business work
- Type of work: maintenance and service, or complete installations in new build
- Position in the chain: main contractor, subcontractor or directly for the end customer
- Modules chosen: contracts, employment, debt collection, administrative law, traffic
- Service vans and vehicle fleet: number of vehicles for the traffic module
Insurers weigh these details differently. That is where your saving is.
What the lawyer handles
| Situation | Basic | Extended |
|---|---|---|
| The wholesaler fails to deliver the heat pumps for months and your planning grinds to a halt | Yes | Yes |
| A customer cancels the job after you have already ordered the materials | Yes | Yes |
| The manufacturer refuses to honour the guarantee on a series of boilers with the same fault | Provided that | Yes |
| Your service van is hit at a customer's premises by a driver who fails to stop | No | Provided that |
| The landlord gives notice on your workshop because he wants to use it himself | No | Provided that |
| A client goes bankrupt while the installation is half fitted in his building | No | Provided that |
In a bankruptcy the insurer first assesses whether recovery is still worthwhile. If the assessment is negative, the case is not taken further.
Frequently asked questions
This is what people ask us most.
My customer refuses to pay because the installation does not work properly. What now?
That is a disputed claim and therefore a contract dispute, not a collection case. The lawyer first assesses whether the work was handed over, whether the complaint was made in good time and what exactly was agreed about performance. If you can show a signed handover note and a commissioning record, the burden of proof shifts in your favour. Check whether your policy handles disputed claims.
Is damage my fitter causes at a customer's premises covered here?
No. If a fitter damages a floor, a window frame or an existing pipe, that is liability and belongs on the public and employers' liability insurance (AVB). That insurer also conducts the defence and pays its costs. Watch the care, custody and control exclusion for the part of the work you were engaged on. That part is usually not covered and calls for a separate arrangement.
Can I stop work if I am not paid?
Sometimes. In certain cases a contractor has a right of retention over the works or can suspend performance if the client is in breach. It is a fine line, and stopping work without justification makes you liable for the loss. So discuss it with the lawyer before you keep the keys or leave the site. This assessment is exactly what the contracts module is for.
What if I get into a dispute about certified work?
An objection to a decision of a regulator or certifying body falls under administrative law. That module is not in every policy. If the end customer also invokes your liability, that runs through the liability cover. Report both lines at the same time, because Article 7:941 of the Dutch Civil Code requires you to report in good time and administrative law deadlines are short and absolute.
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