Construction company halts work despite overpayment

RA is basically out. He informed the opposing party immediately after the settlement was concluded that his mandate has ended (without consulting us). I can still call him, but the result will be as described above; he is waiting for the invitation to the topping-out ceremony.

Get a new lawyer preferably on recommendation from the [BL].

In case [x] it is useless if the carpentry receives the money directly.
1. not a contractual partner
2. insolvency administrator takes it back

Even if it doesn't sound nice. I think it will come down to the entrepreneur's insolvency.

I’m keeping my fingers crossed that this is not the case and wish you good endurance.

A new lawyer is initially out of the question. Reason: The amount in dispute is still just over €300,000. If it comes down to a lawsuit again, another approximately €20,000 will be due for lawyer and court fees. We are not willing to take that risk again. And it is obvious that the BU cannot pay anymore. There was nothing we could do about that.

Let him build as much as possible, hold back as much money as possible. And I wish you lots of strength to get through this.

The invoice now amounts to €48,000. If we set twice the cost of defect rectification according to the expert report and deduct for the missing execution planning, we are at about €60,000 possible retention. Then he would get nothing at all. That probably means the construction is also finished, because he has no money to continue building. The fact that he cannot get a roofer is already a serious indication.

Lass ihn so viel bauen wie möglich, haltet soviel Geld zurück wie es nur geht. Und ich wünsche euch viel Kraft das durchzustehen.

That certainly won't work. I think it will be either/or. Pay and continue building or retain and do not continue building.