Assignment declaration of the construction financing to the general contractor

  • Erstellt am 2017-10-06 09:26:29

KingSong

2017-10-06 09:26:29
  • #1
I have a question about the now obligatory assignment declaration from the general contractor (GU), which confirms that the bank loan is exclusively reserved for the GU. I have now asked our financier how I am supposed to pay for external trades such as earthworks, photovoltaics, water softening, etc. from the house loan.

After consulting with the bank, I received the following text that now confuses me a lot:

"Point 3 of your contract for work is the usual assignment declaration. However, it is correct that the financing bank is only allowed to pay other companies once the construction company has been completely paid. Neither this bank nor any other bank can make any exceptions here."

How am I supposed to pay for trades that are due before the house is completed if the bank is only allowed to pay other companies after the construction company has been fully paid (which is basically only after completion)?

What am I not understanding here? Please help me out... Thank you very much!
 

RobsonMKK

2017-10-06 09:30:27
  • #2
Our BU has received confirmation from the bank that amount X is "reserved" for him. We have free disposal over the rest.
 

KingSong

2017-10-06 09:39:06
  • #3
Ok, but unfortunately that doesn't work in our situation. To explain, we have a contract for work with the general contractor for €564,000, but only €550,000 is financed and €145,000 of equity is still available.

Now one could say where is the problem, then pay all external trades from the equity and the general contractor from the loan.

But isn't it always said that you should use up the equity as much as possible before financing in order to start interest / repayment as late as possible because of a double burden (rent)?

If I now pay the first general contractor invoices with the equity, then we quickly lose the equity and would have to pay external trades from the loan, which we are not allowed to do because of the assignment declaration......
 

Andi1888

2017-10-06 09:53:58
  • #4
You can determine which amount is assigned to the GU. So 564,000 - 145,000 = 419,000 You would have to assign 145,000 equity + 419,000 loan to the GU.
 

KingSong

2017-10-06 10:09:09
  • #5
I still don't understand, if I now assign the equity together with part of the loan to the general contractor, then I still have to service the loan in advance to pay the external trades because I am no longer allowed to use the equity for that. That doesn't change my desire to use the equity first and preferably only the loan later.
 

KingSong

2017-10-06 10:14:59
  • #6
Who actually controls my equity? Do I then have to somehow put it on a financing account as part of the financing, or how does that work? Sorry for the dumb questions but these topics are too dry for me.....
 

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