Forgetting perimeter insulation

This way, I probably have full entitlement to damages – even in the case that claims are still directed against us (which the insolvency administrator has already announced), we would have more weight in our argumentation.

The insolvency administrator will demand from you that you fulfill claims against you 100% – on the other hand, you will have to be content with your counterclaims being satisfied according to the quota (i.e., not offset). This damage reduces your funds to save the building :-(

I would like to provide another interim update and at the same time have a question arising from the preliminary expert report, which at least calculates the "manufacturing value":

In the meantime, we were able to terminate the contract and now have to convince our bank that we can manage to complete the construction, which is not so easy. The insolvency proceedings started on 10/1/17 – but we have not yet received anything in writing about it. (Only the info from the internet)

1) The bank naturally sees the outstanding claim of about €50K and demands a statement from us/our lawyer regarding the status of the proceedings. Since there is no indication yet of how this "proceeding" will turn out, it could take years before a clarification occurs. To me, this sounds like a stalling tactic to earn as much as possible from the availability interest.

The fact that we ourselves are likely to become an insolvency case in the coming months does not interest anyone there. They are by no means willing to financially support us to at least close the construction site for the winter to prevent further damage. (Not even if my parents were to advance money for the completion of the roof structure)

2) Most of the defects in the construction are not so severe as to require a complete demolition. Only the base detail, namely the excessively protruding concrete slab, causes problems:
- The report states that the clinker bricks should be removed and the concrete slab cut by a professional company and given a better coating before rebuilding the insulation/facade. (Possibility of rising damp and thus mold formation)

The expert himself already said that other measures might possibly provide compensation (the report only concerns restoring the ordered state), but he is currently on vacation and the engaged architect follows the argumentation in the report and refuses to give us the "stamp" the bank requires before releasing the money again. (which I can basically understand) – which unsettles us, since the costs for defect rectification (about €15K + repurchase and installation of the clinker bricks) seem to present us with almost unsolvable challenges.

Interestingly, I have spoken to several architects in the past few days (without the ominous "stamp"): none of them sees the problem as so severe that the concrete slab absolutely needs to be cut. The energy consultant has also said that the foil installed under the base layer is actually supposed to prevent moisture from rising.

Attached is a proposal from an architect which foresees removing one layer of clinker and inserting "Foamglass stones" there, which we could basically do ourselves and which would be significantly cheaper for us. (About €3500 + effort in own work)

What do you (who are familiar with the subject) think of this?
Are there possibly other measures we can take to avoid having to remove the entire clinker again??

Here are also two photos of the current base structure

When the insolvency proceedings are opened, there is no information for you, you have to file claims whether they owe you a service or you owe them money, etc.

Ok, thanks for the info - I’m just surprised that other builders were contacted by the insolvency administrator and we weren’t, even though there is still a chance to claim money from us. After all, the insolvency administrator does not yet know that the construction is worth nothing according to the appraisal ...

According to your drawing, I do not expect any damage from the fact that the base plate does not end before the insulation.

In the electronic commercial register, you can see how far the insolvency (preliminary administration or opened procedure) has progressed. You can also read the InsO online, but do not give up hope nevertheless and do not go after insolvency administrators with a divorce lawyer or criminal lawyer; they are a very special kind.