Hausbaer
2023-12-22 12:49:18
- #1
Örag. That’s interesting, it doesn’t say on your side that this is excluded?That’s really bad, which insurance is that? With ÖRAG this is not excluded.
Örag. That’s interesting, it doesn’t say on your side that this is excluded?That’s really bad, which insurance is that? With ÖRAG this is not excluded.
Örag. That's interesting, it doesn't say that this is excluded for you?
Now I checked again, you are right – insolvency is also excluded for me according to paragraph 5. But the question I would ask is whether – as in your case – this primarily concerns defect rectification, and whether this is insured. Heia, you never stop learning.
One more tip, the warranty is not completely lost, it transfers to the executing trades in the event of the insolvency of the building contractor. However, they are only obliged to provide services if their invoices have been fully paid by the contractor – which unfortunately is often not the case. Some trades have shown cooperation in our case – it always depends on how severely the specialist trades are affected by the insolvency of the contractor. In your place, I would simply schedule a consultation with a specialist lawyer; as long as you do not cite insolvency as the main reason for the consultation, a general consultation is always covered by insurance. Fingers crossed....
Then you no longer have to wait for their rectification and can immediately award the substitute performance. You can try to claim the costs, but even that will hardly justify the legal costs based on the quota. Regarding set-offs, I refer to my previous remarks ;-)Our company is no longer in preliminary insolvency but in the proper procedure, and the administrator has refused to perform.
He will. Living with that will be cheaper than getting worked up about it. Justice was not the highest design goal of the InsO.Can the administrator insist on payment of the defect retention despite refusal to perform?