Funding confirmation by the builder, BGH ruling dated 27.05.2010

My construction company included a financing confirmation/guarantee clause in the construction contract stating that the financing of the entire construction project must be secured by a bank. According to the aforementioned BGH ruling, such a clause is also lawful. Since we are financing the construction project largely with our own funds and have only taken out a loan for the land and incidental costs, our bank does not want to provide such a guarantee (aval loan). Other banks or insurance companies are also unwilling to do so. Does anyone have an idea for solving the problem? Thank you for the answers.

Which bank is having difficulties with that?

Maybe switch banks?

Or talk to the construction contractor.

Hello E.Moch1954,

a conversation with the construction company sometimes works wonders. My contractor never wanted to see anything from the bank. In our contract, there is only one sentence regarding financing:

"The AG assures that the financing is secured!"

Best regards

Axel

Go to your bank, have the contract amount paid out to you and casually place the bundles on the table during the conversation with the contractor with the note own capital.

Then ask him if he wants to count them, and pack the bills back up, adding the comment that he will see them again when the construction has progressed accordingly.

Somehow I like the scene and the situational comedy. That would be worth it to me.

It was similar for me: I laid 3 copies of bank statements on the table, 10 seconds later the "Financing issue" was no longer an issue. A "financing clause" was still senselessly included in the contract for work... whatever.

Log in online with him. Still strange, the bank could earn good money through fees.