Our approach

Are you experiencing popping roof panels or noise disturbance coming from your roof structure? Then you’ll want quick clarity on your legal position and the options available to enforce repair or compensation. We understand that engaging a lawyer is a significant step. That’s why our lawyers work with a clear and transparent approach, so you know exactly where you stand throughout the entire process. Below you can read how we typically handle a case involving cracking roof panels.

Contact

Step 1: Initial Consultation

You can get in touch with us by phone, email, or through the contact form on our website. Following this, we will arrange a free, non-binding telephone consultation. During this initial conversation, you can outline your situation in broad terms. We will discuss, among other things, the nature and severity of the noise disturbance, the contractor or supplier involved, any previous repair attempts, and the available documentation. Based on this conversation, we will provide an initial assessment of your case and the options available to support you legally.

Step 2: Submit Your Case File

If we believe we can help you with your case, we’ll ask you to provide the relevant documentation. This may include your contractor or purchase agreement, correspondence with the contractor or seller, reports, photographs, videos and other evidence. A complete file enables us to carefully assess your case and provide a thorough legal analysis.

Step 3: Order Confirmation

Upon receipt of your file, you will receive a written engagement letter from us. This confirms how we will assist you and what terms apply. You will also receive an indication of the initial work we expect to carry out and the associated costs.nnAdditionally, we include in the engagement letter an estimate of the hours required to review your file and prepare a legal advice (or proceedings advice). This way, you know in advance what to budget for financially. If you have legal expenses insurance, they may cover our fees.

Step 4: Case review and preparation of (procedural) advice

Once you approve the engagement confirmation, we thoroughly examine your case file. We then typically prepare a legal opinion setting out your legal position, the prospects of proceedings, potential costs and available evidence.nnWe also advise you on any steps that could strengthen your position. This might include, for example, arranging a sound measurement or a structural survey. We can also put you in touch with specialists in these areas. Armed with this advice, you’ll be able to make an informed decision about how to proceed.

Step 5: Notice to the other party

Once your file is in order, we will typically serve a formal notice of liability on the other party. Depending on your wishes and the circumstances of your case, we can pursue repair of the defects, replacement of the roof structure, compensation for damages, or termination of the contract.

Step 6: Negotiations and Settlement

If the other party does not voluntarily pay or carry out repairs, you may wish to explore settlement negotiations with them to see whether reaching a settlement agreement could avoid costly proceedings.

Step 7: Start Proceedings

If a settlement cannot be reached, we can initiate legal proceedings on your behalf. Depending on the applicable contract terms, this will be conducted before the civil court or the Dutch Arbitration Board for Construction. In proceedings, we can claim that the other party be ordered to pay repair costs, additional compensation, statutory interest and legal costs.nnOur lawyers have extensive experience with proceedings concerning cracking roof panels and other construction defects. Below you will find several rulings in which we have successfully represented clients in cases involving cracking roof panels and comparable construction disputes:

• District Court Gelderland, 21 April 2021, u003ca href=u0022https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBGEL:2021:2404u0022u003eECLI:NL:RBGEL:2021:2404u003c/au003e
• District Court Gelderland, 11 August 2021, u003ca href=u0022https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBGEL:2021:4501u0022u003eECLI:NL:RBGEL:2021:4501u003c/au003e
• District Court Rotterdam, 23 February 2022, u003ca href=u0022https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBROT:2022:1427u0022u003eECLI:NL:RBROT:2022:1427u003c/au003e
• District Court Zeeland-West-Brabant, 8 March 2023, u003ca href=u0022https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:RBZWB:2023:1722u0022u003eECLI:NL:RBZWB:2023:1722u003c/au003e