Gerd1908
2020-07-11 16:48:05
- #1
Hello everyone,
In December 2017, we signed a builder contract for a turnkey semi-detached house with land. Completion was planned for December 2018. We set an extension of one month and received confirmation that we are entitled to the contractually agreed lump-sum damages of €60 per day since the beginning of January 2019.
Now it is mid-July 2020 and the construction is not finished, the builder is not insolvent and is financed through a financial service provider. Of 7 installments, 3 are still outstanding.
As lump-sum damages, more than €30,000 have accumulated, but the builder refuses to offset this against special requests and insists on full payment of all installments. When the construction is finished, they would reimburse the damages either by direct payment or through the guarantee (which is only €25,000). However, we suspect that we will never see the amount and that the builder will immediately file for insolvency after receiving all installments.
To date, we still have €60,000 "open" which the builder would receive with the last 3 installments, if he had completed regularly within 2018.
Does anyone know such cases and can recommend a course of action?
We believe that as soon as we do not pay an installment, the builder threatens insolvency.
In December 2017, we signed a builder contract for a turnkey semi-detached house with land. Completion was planned for December 2018. We set an extension of one month and received confirmation that we are entitled to the contractually agreed lump-sum damages of €60 per day since the beginning of January 2019.
Now it is mid-July 2020 and the construction is not finished, the builder is not insolvent and is financed through a financial service provider. Of 7 installments, 3 are still outstanding.
As lump-sum damages, more than €30,000 have accumulated, but the builder refuses to offset this against special requests and insists on full payment of all installments. When the construction is finished, they would reimburse the damages either by direct payment or through the guarantee (which is only €25,000). However, we suspect that we will never see the amount and that the builder will immediately file for insolvency after receiving all installments.
To date, we still have €60,000 "open" which the builder would receive with the last 3 installments, if he had completed regularly within 2018.
Does anyone know such cases and can recommend a course of action?
We believe that as soon as we do not pay an installment, the builder threatens insolvency.