Construction report single-family house 1200 €/m²

From when and where can one officially find out if a company is insolvent?

I do not know if and with what proof of legitimate interest the registry court provides information upon request. It is accessible to everyone in the commercial register – however, only once a custodian has been appointed. As long as an insolvency application is being examined, this is not visible to third parties. If you have a justified suspicion of insolvency, you should check whether you are entitled to file an external petition. Being a creditor of a truly insolvent company does not improve by the fact that its insolvency is not yet registered. Any potential external petition must be addressed to the local court at the company’s registered office (this does not have to be the same as the registry court but is always in the same federal state).

Type "Insolvenz und Bekanntmachung" into a search engine. You can immediately find when an insolvency is filed and who the insolvency administrator is.

I just received information from the managing director that the construction company has gone insolvent.

That would already be a justified suspicion. For a third-party application, you as a creditor (of payments or services) would probably also have to be more than three weeks in default (also legally) towards this company.

Just enter "insolvency and announcement" in a search engine. There you can immediately find when an insolvency has been filed and who the insolvency administrator is.

Exactly: the data status is the same as in the online commercial register directly (possibly with delay, but never more current). A pending application procedure is therefore also not visible there.

Oh, ok.

But I am basically the debtor.

I will just wait. If another invoice comes, we will offset the recorded defects, and if not, then that’s fine too.

If an invoice still comes, we will offset the recorded defects against it, and if not, then so be it.

Even a company in insolvency retains the right to remedy defects before the customer reduces the invoice. If the company is insolvent, there will also be a procedure—unless the classic external petitioner, the health insurance fund, has been satisfied and other creditors are asleep. An insolvency administrator does not set off for example "1,000 euro invoice minus 100 euro defects equals 900 euro invoice" but rather "pay the 1,000 euro invoice now, have a 100 euro claim, wait forever, the final audit reveals 300,000 euro debts, of which 100 are owed to you, against which we optimistically dream of 25,000 euros after deducting the administrator’s fees etc.": then you get from these 25,000 your 100/30,000 which equals eight euros thirty-three cents. With that, you have at least recovered the postage cost for the paperwork related to your attempt to reduce [the invoice] :-(

Am I allowed to withhold the pressure surcharge, and the BU has informed me in writing that I should find someone else to complete the construction with the still outstanding amount?