Cluster info · Defects & construction flaws

Claim against a defaulting contractor in Belgium

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By Edouard Hennin, Provisional reception expert Published on 27 May 2026 Updated on 27 May 2026 7 min read

A contractor who stops responding, does sloppy work or disappears: common situations, plenty of remedies. Here is the map.

1. Contractual remedies

First, check your contract: penalty clauses, completion deadlines, warranties provided. Any action starts with a registered formal notice to contractor.

Depending on the nature of the breach:

Delay: contractual penalties, possibly termination for cause.
Defects: forced execution, or substitution by a third party at the contractor’s expense.
Abandonment: emergency summary proceedings for third-party authorisation and quantification of damages.

2. Statutory warranties

After reception, you benefit from:

Perfect completion warranty: 1 year for any reported defects.
Two-year warranty: 2 years for equipment (heating, plumbing, etc.).
Ten-year liability: 10 years for shell and stability.

These warranties apply to the contractor and their insurer.

3. Bankruptcy

If the contractor goes bankrupt, publication in the Belgian Official Gazette. You have 1 month to file your declaration of claim with the trustee. Under the Breyne Law, your security deposit and completion guarantee can be activated. See also claim against developer.

Our defects expertise technically frames the situation — the foundation of any solid legal file.

Questions on contractor claims

The contractor abandoned the site, what to do?

Immediate formal notice, then summary proceedings before the court to have the abandonment recorded and obtain authorisation to have a third party finish the works at the defaulting contractor's expense.

The contractor went bankrupt — am I lost?

Not necessarily. If you are under the Breyne Law regime, the security deposit and completion guarantee protect you. Otherwise, file a claim with the insolvent estate.