11ant
2023-06-10 14:44:24
- #1
Secondly, you still haven’t understood: the completion guarantee is not to secure any third party – certainly not a subcontractor or any other auxiliary of your contractor – but for you, to ensure that the house is completed if the contractor is no longer able to do so. And first of all, abandon all dreams that you could negotiate this guarantee retroactively. Insolvency law dances on the backs of the “little man,” but you won’t get that risk ironed out anymore now.This is actually a bit confusing. I pay the money to the general contractor, who then pays the window dealer. If the window dealer goes bankrupt, the general contractor should still be liable to me with their own money, right? If I apply for this self-debtor bank guarantee, should the GC provide it to me or to the window dealer?
Female owners of construction businesses do exist, very rarely, and then mostly daughters of the owner whose father founded the company. They are also regularly so solidly positioned that there is little cause for concern. Much more often – especially where there is reason for concern – a Mr. Four-And-A-Half-Time-Bankrupt uses his secretary/life partner as a figurehead. It is part of the nature of a general contractor contract to be a kind of “hidden adoption,” where you regularly don’t even learn the actual service providers / subcontractors / auxiliaries – in any case, these and you legally have absolutely nothing to do with each other, meaning no direct (counter)claims or obligations. Payment schedules are typically and purposefully designed to remunerate the contractor for the deliveries and services already provided (even if not yet “accepted”) and to provide liquidity for advance performances (also advance payments by third parties) for the next steps. In this respect, the proposal “give me already the money for an item of the step after next” is an indication of liquidity shortages (of the GC). A GC usually keeps the exact supplier open until shortly before the order is placed – precisely to take advantage of better purchasing opportunities. Passing on such purchasing benefits is highly unusual. As a former window manufacturer (aluminum) and then dealer (also PVC), I can tell you that special price promotions between manufacturer and reseller are common with many manufacturers irregularly about three times a year. The main motives are inventory management and company holidays, but also upcoming product improvements. Occasionally the windows get “to party along,” when the front door panel collection is changed. Except for product improvements – as a dealer you should always communicate discontinued models honestly – I would have never ever passed on such a purchasing advantage to a first customer (which you are as a private homeowner), let alone pass it on in full.It is a small family business. The owner and contact person is the lady I speak to.