Construction company insolvent, how to proceed further?

  • Erstellt am 2023-12-13 16:38:12

Hausbaer

2023-12-22 12:49:18
  • #1
Örag. That’s interesting, it doesn’t say on your side that this is excluded?
 

bafische

2023-12-22 13:16:27
  • #2


Now I checked again, you are right - insolvency is also excluded in paragraph 5 for me. But I would ask the question whether - as in your case - this primarily concerns defect remediation, if this is insured. Well, you never stop learning.

One more tip, the warranty is not completely lost, it transfers to the executing trades in the event of insolvency of the developer. 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 themselves cooperative with us - it always depends on how severely the specialist trades are affected by the insolvency of the contractor. If I were you, I would simply schedule a consultation with a specialist lawyer; as long as you do not cite insolvency as the main reason for the consultation, a general consultation is always covered by the insurance. Fingers crossed....
 

Hausbaer

2023-12-22 17:34:46
  • #3


Thanks, yes I asked again, for example, defending against a payment claim from the insolvency administrator is not possible with legal protection insurance. But the attempt to enforce defect rectification is. We’ll see if that still works out when the company is already under preliminary insolvency administration....

Regarding the warranty transfer: in our construction contract there is a separate point that allows the assignment of claims against third parties at the request of the contractor.
 

Hausbaer

2024-01-12 19:36:42
  • #4
Our company is no longer in preliminary insolvency but in the proper proceedings, and the administrator has refused to fulfill the obligations. Was it the same for you? Can the administrator insist on payment of the defect retention despite refusing to fulfill the obligations?
 

11ant

2024-01-12 20:05:32
  • #5
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 ;-) He will. Living with that will be cheaper than getting worked up about it. Justice was not the highest design goal of the InsO.
 
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