Construction company halts work despite overpayment

But according to the opinion of a majority of this forum, only we make mistakes.

No, that is not true, but the developer is not as bad as you portray him. Also, you only reveal details bit by bit, because:

He voluntarily took on costs and has accommodated you! This conclusion was missing from your descriptions so far. Actually, you had reached an agreement. Even in writing, perfect!

The date of the obstruction notice was December 17th. Probably, due to the holidays, he simply provisionally initiated the winter break. Otherwise, there would be a contractual penalty if the time ticks away and no one works until week 2 anyway ;) Maybe he went on vacation on the 18th and had to push it through on the 17th...

What is still unclear to me is why he did not continue in week 2.
How was the weather then?

And how did you react to the obstruction notice? What exactly happened between December 17th, week 2, and the end of January? You must have had communication. Were there verbal outbursts, threats, or the like? That can happen sometimes.

He only took on these costs on the dear patient paper. We are coming from this construction consultation and are transferring the 40,000 € on the way and have the obstruction notice from the date of the consultation day in the mailbox the next day. Since the consultation was in the evening from 5:00 to 7:00 PM, it is assumed that he had already written it beforehand. That is more than sneaky.

But according to the opinion of a large part of this forum, only we make mistakes.

I believe we all made mistakes during the construction phase, which simply comes down to the fact that as builders you are more or less non-experts. Nobody here wants to harm you, I think the thread has shown a good development.

Instead of black and white, it’s more a matter of gray. The protruding basement really turned out badly, nobody thought it through there. But if the basement is sealed on the outside, the sealing will be pulled up over the step and then plastered from above. Not optimal, but it will turn out well in the end. The sealing in that area should then be checked from time to time and repaired if necessary.

Again about the construction halt: after the conversation, he knew what awaited him and that the completion guarantee would become a problem later on. The only solution: save every day that can be saved... when if not in winter, when so close to Christmas nothing happens on the construction site anyway? Absolutely understandable.

I see little reason to continue the legal dispute here: you can actually gain nothing, you want a finished house, but neither your lawyer nor the court will build it for you. Only costs upon costs arise and even if the costs are borne by the builder... that only brings him one step closer to the looming insolvency, he really doesn’t bear liability anyway, we have been through all of that now.

But finally my guess about the outcome: the court also relies on employees and advisors and in this context the forum thread here was a pretty good mood test: it comes down to "well..." 50:50. That means something like “In the name of the people... he must continue building and remedy the defects as far as possible … you have to pay regarding construction and indeed everything … or you separate amicably … procedural costs will be shared in any case … lawyer and other expenses paid by each party themselves.” No, that certainly won’t get you on TV.

Once again about the "imminent" insolvency. If it really occurs, there will be no court date either, says the lawyer. That would be the worst thing that could happen. What do you think, to what extent would the intermediary be liable?

Not at all, for what and how? In the event of insolvency, you will receive about 1-3% of your recognized claims from the insolvency table and that’s it. Except for rare exceptions.

Once again about the "imminent" insolvency. If it really occurs, there will be no court date, says the lawyer. That would be the worst thing that could happen. What do you think, to what extent would the broker be liable?

Yes, at some point there will be a schedule where you can register your claims. The administrator will again demand the claims of the general contractor. Strictly speaking, unfortunately, you will also lose money on that.