Do we have to pay the last invoice in case of insolvency?

Hello, I have the following question. In advance: Our house builder is insolvent. We have just finished our house except for a few minor defects and have to pay the final invoice. Our friends, who also built with the HB, had less luck. They were informed by the insolvency administrator that the house will no longer be completed, even though more money has already been paid. Question: Are we obligated to pay the outstanding amount to the insolvency administrator? Ideally, I would like to give the money to our friends. Thank you Olga

Hello OlgavonderWolga,

please just contact Mr. Nilson from the Bauherrennotruf, he is very familiar with insolvent construction companies and can surely help you.

bauherrennotruf@gmx.de
040 / 88 88 66 21

If you have received an invoice for a provided service, you generally have to pay it. Otherwise, the insolvency administrator will neither want nor be allowed to accept another solution and will take appropriate measures up to and including seizure in case of non-payment.

The situation can only be different if you are supposed to pay for services that were not rendered.

Hello,

I have the next question regarding insolvency.

In our case, our developer has now been liquidated, the [INsolvenzverwalter] demanded the amount of the final invoice from us, we then submitted an expert report on the defects, which includes that the costs of remedying the defects are roughly the same as the final invoice, subsequently a written statement from the [INSO Verwalter]: Let the defects be remedied, pay the craftsmen directly, and submit the final invoices to me for final review. That is great, but how long can we take to carry out the defect repairs?????

Thank you and regards
Olga

Hello OlgavonderWolga,

why do you ask? Do you want a defect-free house or just to withhold the money?

Yes, of course we want a house free of defects. I am of the opinion that the defects must be remedied promptly; there is a contrary opinion from the builder that we have all the time in the world, namely the next 4 1/2 years of the actual warranty period.

To clarify the question, I have asked you this. What is your opinion on this.

Thank you
Olga