About five hundred students heard at the end of December – only two weeks before the planned completion date – that they would not be able to move into the brand-new complex due to technical problems (water in prefab concrete slabs). Since then, manager Nido has actively encouraged tenants to terminate their contracts. A small group of 48 students, however, has not done this yet. A number of them have engaged a lawyer to demand fulfilment of their lease contract.
This has now led to a summons, which will be sent to the owner, ECM Development, in a few days’ time, stated lawyer Xavier Stassen from the Stassen Kreutzkamp lawyer’s office. A group of six students demand compensation for the extra costs they have incurred due to the fact that they had to go and find alternative accommodation at the last minute. “That was quite costly, because of furniture storage costs and high rents. They also lost out on rent subsidies, which they would have received for the studio in the Muse Einstein Campus.”
Circumstances beyond control
In addition, two students want to enforce the surrendering of the keys to their studios. “According to their contract, they have a right to this accommodation and as yet have seen no evidence that it is uninhabitable. They also demand compensation for immaterial damages, including stress and possible study delays, caused by this situation.”
Until now, ECM Development, just like manager Nido, have refused to accept any liability, claiming that the situation was caused by circumstances beyond their control. “But I feel it would be exceptional if the court were to agree with this,” says Stassen. “That is usually only the case when there are unforeseen circumstances such as a natural disaster, war or a pandemic, but not with constructional deficiencies. That comes under the owner’s risk.”
Damage repair
In the meantime, it is still unclear when the complex will be completed. An investigation into the water damage was concluded at the end of February, said a Nido spokesperson. “Shortly afterwards, construction company Hurks started repairs. This includes drilling holes into the ceilings of a considerable number of rooms, so that the water can drain. Everything then has to dry and be closed off again. At the moment, Hurks cannot give a date of completion. It is hoped and expected that this will be some time in the second quarter of this year.” Hurks itself stated by telephone that no questions will be answered regarding the situation. In January, the company denied to Observant that there was any damage to the building.
Maurice Evers, head of Maastricht Housing, hopes that the more than five hundred studios will be complete no later than July. In view of the influx of new students in September, this is “of crucial importance” to prevent a rooms shortage in Maastricht.