Construction company insolvent - What should we do?

Hello We signed a contract last year with a prefabricated house company (H....o), building application / surveying everything was done, then unfortunately in spring the announcement that the company is insolvent, and there will be no investor. So the €12,000 deposit is unfortunately lost for now.... The consultant who no longer works for this company either (the company was dissolved) has now offered us to continue with Bärenhaus, meaning the plan can be kept and it would go directly ahead. Additional costs €6,000 because prices in 2015 were different than in 2014... which would be reasonable + of course the €12,000 deposit loss which you never get back anyway. The production site and subcontractors are also the same, so no quality differences. We would not have to pay any advance, payment only after performance – which was very important to us now. We are very afraid of getting burned again, is there anything else we should consider? I assume that looking for a completely different company now would cost even more.

if you mean .anl. by that - to my knowledge the successor/takeover company wants to serve all builders, or is that not the case at your stage? It could also be that the former consultant now wants to quickly secure his clients... Have you already received a statement about this from your old contract partner or the successor company?

Is there anything else that should be considered?

Even if there is little chance of success, I would send the insolvency administrator a letter and claim the 12,000 euros. How to phrase that correctly can surely be found somewhere (internet, consumer advice center ...).

On the construction topic: If possible, insist on a performance bond!

Have you looked into the second provider? Don’t want that one to go bust as well...

Get a construction law lawyer and be prepared to spend 500 euros. And better yesterday than this afternoon. Take all documents with you and make sure that the old case is settled first before ending up with two houses at the final purchase.

Hello,

I have only just found your post and hope you have not gotten into another dependency ...?

Hello
Last year we signed a contract with a prefabricated house company (H....o), building application / survey everything was done, then unfortunately in spring the announcement that the company is insolvent, there will be no investor. So the €12,000 deposit is unfortunately lost for now....
The consultant who no longer works for this company either (company was dissolved) has now offered us to continue via Bärenhaus, meaning the plan can be kept and it would go directly on. Additional costs €6,000 since prices in 2015 are different than 2014... which would be within reason + of course the €12,000 deposit loss which you never get back.
Production facility and subcontractors are also the same, so no quality differences.. We wouldn't have to pay any advance, payment only after performance - which was very important to us now.

You should not just sign a new work contract without first dissolving the previous one! It is by no means certain that the deposit from the first one is completely lost; a conversation with the insolvency administrator helps here; or registering your claims.

I can understand that your heart is jumping at the prospect of possibly still being able to build a house. BUT, on the one hand, because of emotional involvement, you will be easy prey for not so nice saleswomen and on the other hand, you must first ensure that you get out cleanly from the first contract!

Look for a lawyer you trust and hand over your case to him!

Edit: according to Wirtschaftsblatt from the end of May this year, Matthias Calice took over Hanlo among others and founded a prefabricated house company Gampen. That also means you are still bound to your 1st work contract!


Rhenish greetings