Without irrefutable evidence, you'll get nowhere
Before you can take legal action, your case must be watertight. A strong suspicion isn't enough for a judge or lawyer; the facts must be irrefutably documented. The approach depends on your specific situation. If you're a private individual who has been defrauded by a contractor who disappeared, sending a notice of default is often the first step, and a lawyer can assist you with this. This simply means you formally give the contractor a final deadline to properly complete the work. If they don't respond or refuse, you can then safely terminate the contract.
Fraud by construction personnel
Are you a contractor who is a victim of your own staff or a hired freelancer? We will factually document the fraud. We conduct digital investigations on sales platforms such as platforms, carry out observations of employees' daily activities to prove time fraud, install covert cameras to record theft, and conduct an interview with the employee, allowing both sides to be heard. The result is always an objective and legally valid report that you can use to proceed. With the evidence in hand, it's time for the next step, which varies by situation. If you are an employer and it concerns fraud by your own staff, such a 'last chance' is not necessary. With a conclusive file, many employers opt for a settlement agreement, often called a VSO. This allows for a quick separation by mutual consent and immediately establishes agreements for repaying the damages. Of course, immediate dismissal for cause or the immediate termination of the contract is also an option with the right evidence.
Recovering financial damages
Once the agreement is terminated, you'll want your money back and will formally hold the perpetrator liable for the financial damages. Especially with contractors who abscond with a down payment, we often see the same trick in the construction industry: they hide behind a company they quickly bankrupt, a so-called shell company. Fortunately, with a strong investigation file, you won't be left empty-handed. Your lawyer can then pursue director's liability. This means the perpetrator can no longer hide behind their bankrupt company, but will be held personally liable for the fraud with their own assets.
Asset recovery investigation
Once you have a judgment, you can try to collect your money from the perpetrator. Usually, you hire a bailiff for this. They check the Dutch Vehicle Authority (RDW), the Land Registry, the Chamber of Commerce register, and query major banks. Often, no assets come to light from these checks. A good next step is then to conduct an asset recovery investigation. We thoroughly investigate the financial situation of the disappeared contractor or the fraudulent employee. Do they own real estate abroad, are they working undeclared, do they have projects that can be seized, are there hidden bank accounts, or an expensive car secretly registered in a partner's name? We pinpoint exactly what the perpetrator owns so that the bailiff can seize assets and collect the claim.
Act before the money is gone
The asset recovery investigation can also be conducted proactively. If the investigation reveals that the perpetrator still has assets, it's crucial to act quickly. You do this before the fraudster gets wind of your legal steps. Your lawyer can ask the court to place a pre-judgment attachment on accounts, a property, or business assets. This freezes the assets. The perpetrator can then no longer siphon off their money during the legal process, and you have the certainty that you will indeed get your money back after a court ruling.
Construction fraud is incredibly frustrating, but with the right strategic approach, you'll be in a strong position. Act wisely, ensure irrefutable evidence, and take back control.
Have you fallen victim to fraud on a construction site, or has your contractor disappeared without a trace? Feel free to contact us. We'll listen to your story and provide discreet, clear advice on your best first step, free of charge and without obligation.
