BÜ wants a declaration of assignment. How to avoid it?

Hello ,

I find your way of dealing with problems rather borderline. You receive really good advice and you don’t take it into account. You should somehow learn to leave emotions out of such conflicts. Ignoring contributions that don’t suit you is also part of it.

We don’t know your contract, so all of this remains just forum chatter.

I don’t see anywhere in the posted excerpt anything about a transfer declaration.

Good luck negotiating with the main contractor. In return, have you requested a performance bond?

I have calmly read all your comments in the meantime, thank you for your commitment and good tips. Due to lack of time, I will first generally describe our situation after the conversation with the lawyer and will answer your comments individually a bit later.

The statement of the construction law lawyer is as follows: the clause in the contract is correctly formulated and basically legally effective, BUT according to him, there is no payment default on our part, rather we have even gone into prepayment. The first installment concerned the architectural services, which, as I have already described here, were defective and inadequate and even last week they had to make the correction that the building authority had requested. In other words, the service of the construction company, for which they demanded this payment, was not fully provided at the time (and still is not today).

The lawyer also advised us to find a solution with the managing director without resorting to legal remedies. We are aiming for that as well. If the managing director is transparent and actually only needs the security with this type of guarantee, he (in my opinion still) will withdraw this not entirely fair request.

The conversation with the bank is still pending, I couldn’t reach the caseworker. It is also quite possible that the bank will not cooperate with something like this (DSL). Because you are right, the bank also bears the risk in this case.

Well, that sounds quite different now. Asking a lawyer was definitely the #1 tip. See post #2 and others. Then you can first contest the payment default. Then you’re off the hook. If the GU continues to insist on the [Bürgschaft], definitely also demand a [Erfüllungsbürgschaft].

But you do bring something to other users who land in this topic and have not yet signed their contract.

It can just bring costs and the statement ... all legally compliant.

hm I also read along and I am of the opinion that if you conclude contracts worth several hundred thousand euros, you have them checked, right? If you enter Google construction contract what to look out for, at least one of the first ten results is a contract review by a professional. It costs a few hundred euros, but if you read this here, it is money well spent. Therefore, users should not only pay attention to one clause but ALWAYS urgently have the contract reviewed. Just my opinion!

hm I also read along and in my opinion, if you enter into contracts worth several hundred thousand euros, I would have them checked? If you Google "construction contract what to pay attention to," at least one of the first ten results is a professional contract review. It costs a few hundred euros, but if you read this here, it is money well spent. Therefore, users should not focus on just one clause but ALWAYS have the contract urgently checked. Just my opinion!

You will be surprised, but we had our contract reviewed by our lawyer.... It was said that it was a standard construction contract and that only the usual things were in there. However, I must mention that our "family lawyer" is not a lawyer for construction law. Now we have obtained legal aid from an expert knowledgeable in this field and are also in the process of getting a second opinion.

But the clause is really not very unusual. Especially since it only comes into effect in case of payment default. I have a corresponding wording without an entry clause in my contract, and also had a delay with the first installment (also due to the lack of land registry entry, which by the way can be temporarily replaced by a letter from the notary/I forgot what it’s called). My general contractor did not demand the handing over of the guarantee and neither did I. In fact, especially at the beginning, there were quite a lot of troubles with a few craftsmen. Nevertheless, we are now finally on the home stretch. Today, my personally commissioned HSL installer started with the shell construction. The interior plaster was finished last week. It’s progressing. This is to encourage you that although there might be a rough start for you as well, everything can still turn out well. Well, I’m not finished yet either, but I already see much less darkness.