What to Do When a Tradesperson Doesn't Finish the Job on Time — Rights and Steps

The tradesperson took a deposit, started work, and then — stopped showing up. Or they show up, but slowly, and it's clear the deadline won't be met. This is one of the most common situations in which clients feel powerless, especially when there is no written contract. But even then, you are not without legal protection.

What the Law Says — The Law on Obligations

The work contract (between the client and the contractor) is governed by the Law on Obligations (ZOO). Key provisions for delay situations:

• Art. 621: The contractor is obliged to complete the work within the agreed deadline. If no deadline is specified, the work must be completed within a period that is reasonable given the nature of the job.
• Art. 622: If the contractor falls so far behind that it is clear they will not finish on time, the client may terminate the contract without waiting for the deadline to expire — and claim compensation for damages.
• Art. 624: The client has the right to demand a reduction in the fee or termination of the contract if the contractor does not perform the work as agreed.

Step by Step — What to Do

1. Document the situation — photograph or film what has been done, what hasn't, and in what state. Check whether materials are on the premises (if so, they are part of your property)
2. Send a written notice — by email or WhatsApp message (both are valid as evidence), with a clear deadline: e.g. "I request that you resume and complete the work by [date]. If you do not resume, I will consider that you have withdrawn from the contract and I reserve the right to claim damages."
3. If the contractor does not respond — send a written notice of contract termination and a demand for deposit refund, by registered post to the contractor's address
4. Engage another tradesperson — continuing the work does not mean you waive the right to claim the price difference from the original contractor
5. Keep all costs — receipts for materials you paid for yourself, the cost of the new tradesperson, accommodation costs if you had to relocate

Deposit Refund — How

If you paid a deposit and the work was not completed (or only partially done):

• Demand the refund in writing — immediately upon termination of the contract, with a deadline of 8–15 days
• The deposit is returned in full if the work hasn't started at all; if it was partially done, you are only entitled to the portion of the deposit proportional to the uncompleted work
• If the contractor refuses — initiate proceedings in the small claims court (for amounts up to the equivalent of 3,000 EUR, the procedure is faster and cheaper)

When to Go to Court

Court is the last resort, but it's not complex for smaller amounts. For claims up to the equivalent of 3,000 EUR there is no obligation to hire a lawyer, and the case is handled as a small claim in the municipal court. You will need:

• Evidence of the contractual relationship (messages, receipts, photographs)
• Proof of the deposit paid (bank statement, receipt, witness)
• Evidence of delay or non-performance (messages, photographs of the state of work)
• Copy of the notice and contract termination demand

How to Avoid This Situation in Advance

• Always agree a completion deadline in writing — even a short message with a date is better than nothing
• Pay the deposit in stages — e.g. 20% at the start, the rest in phases or on completion
• Check references and reviews of the tradesperson before engaging them
• Clearly define what "finished work" means — does it include cleaning up, removing rubble, fitting skirting boards...