Due to a still current occasion, once again!
First of all, regarding the contract question and when they will probably respond!
Well, you can wait a long time for that. Setting deadlines is not bad at all, but then please do it correctly, otherwise it can become your downfall. Also, when looking for a lawyer, please search for an experienced construction law attorney specializing in construction contract law. Normal lawyers can also become a problem.
Agree with the lawyers on flat fees for what they are supposed to do. Hourly agreements can cost thousands of euros. Agreements according to BAGO, which is stated in every power of attorney you are supposed to sign there, are billed according to the dispute value, which usually corresponds to the remaining construction sum. This can quickly be 8-12 thousand euros. When signing the power of attorney, make sure that billing according to BAGO is crossed out!
If you have any other questions, then you know how to find us.
Due to the current situation, once again! Dear affected parties!
Due to the current development and because not all visitors here read the previous texts, I am posting my text again for victims of various construction companies and developers.
Before the text follows immediately, I would like to address, due to misinformation, an allegedly propagated possibility to terminate the contract.
The >>>> APPLICATION <<<< for insolvency is >>>> NOT <<<< the basis for an extraordinary termination of the contract! First, the court must confirm the insolvency by decree (whether opening the insolvency or dismissal of the proceedings due to lack of assets).
If the insolvency is then judicially confirmed, one could, "theoretically," justify an extraordinary termination due to proven inability to fulfill the contractual obligation. If only the contract with many hidden clauses were not there!
The liquidator or insolvency administrator appointed upon insolvency opening cannot justify an alleged continuation of the contracts by claiming he would try to still deliver the contractual performance. Any proposal on their part to release you from the contract for a payable remaining amount is just an attempt to get more money. Their request for payment of installments for services rendered is also a ruse because you have a right of retention due to claims for damages against the company with which you have the contract.
All money you pay in these contexts is definitely lost, and you can only very difficultly reclaim it (most people just give up due to the costs in such cases).
Now the other text again:
General for all affected parties Hello dear builders!
I cannot help but notice, having read this forum in full, that basically many companies do the same thing as when Domizil Conzept GmbH went under. In particular, all site managers, salespeople, and company employees start themselves to lure the builders they have put in distress into new traps by pretending false facts. Back then, many builders fell on their faces because of this so-called Domizil trick and truly lost everything.
Some of you will now ask, what does he know about this?
I say, ......... quite a lot, ...... as I have cared for many such affected builders and tried to save what could be saved (by the way free of charge). Furthermore, I have been doing this for more than 18 years.
Now a building materials dealer writes in the case of Deutsche Massivhaus GmbH, who was conned out of 1.2 million. I have read this entry and can attest it as very factual and truthful. But that does not mean that such a case applies to other insolvent companies as well.
Please, dear builders, do not let yourselves be taken in by the false prophets who claim:
> I can build much cheaper with them now
> They helped me cheaply to get out of the contract
> I have already helped so many ...... (for money, without success)
> We will finish your houses
> Our interest is only with the builders
> Specifically for the affected builders, we have founded a closed forum (Why? Is there something to hide?)
> My lawyer is the best
> We take over your contract under the same conditions
> etc.,
to be fooled.
I have seen so many lose everything; families were completely destroyed, up to attempted suicide.
This all sounds awful, and no one wishes this on anyone, so here are a few important tips in order:
1. Regardless of the contract, there is always a contract clause according to the Construction Code, the so-called contractual penalty on termination, please read carefully and consider before improperly terminating.
2. First of all, and above all others, currently do not pay any invoices anymore (even if they are due according to the payment plan), because maybe, like with DM or Kampa, the managing directors or boards know there is a problem in the company.
3. Also, do not pay money to the companies that worked for such companies. Important, because you have no contractual relationship with them; their contractual relationship only exists with your contractor, which is why they have no claim to payment from you (do not let the crafts companies threaten you in this regard, no matter how).
Unfortunately, there is also one or the other among them who cannot behave properly.
4. The law always applies, which means you must remind your claims from contractual services not rendered with a reasonable deadline (please by registered mail/return receipt and recorded delivery). Usually, the individual deadline is 10 calendar days.
5. Set subsequent deadlines with threat of contract termination due to non-fulfillment of the contract (always by registered mail as before).
6. If these deadlines pass without result, then go to a lawyer so that he can draw up a proper and legally sound termination of the contract. Pay attention to costs. Billing according to BAGO is expensive, as are hourly rates. If possible, agree on a flat fee for the individual case. Obtain several offers.
7. Do not let yourselves be caught by former site managers and companies but find an independent construction supervisor for the works to be continued after contract termination, who really understands something and stands by your side with advice and action. This independent person is really the most important! Only experienced ones can help you out of your misery. But be careful not to fall for those who want to recommend companies to you.
In the end, many other equally important things must be observed, which would go beyond the scope here. One point is particularly close to my heart!
Do not be intimidated by letters from a lawyer or insolvency administrator appointed for insolvency! They offer to release you from the contract against payment and claim they can otherwise only terminate with a contractual penalty!
That is a lie!
If a company files for insolvency, it can no longer provide the contractual service due, which usually allows extraordinary contract termination with claim for damages.
So, if such a letter ever appears, immediately go to a lawyer or contact me at The Builder Emergency Call, just click on it and go to contact. I hereby publicly promise that you do not have to pay anything for this help.
By the way, this also applies if you are asked to still pay according to the payment plan. In this case, simply assert your set-off claim for damages.
In conclusion!
You will recognize that there is one or the other valuable tip involved and that this is by no means legal advice, which is why I have always referred to lawyers again and again. However, I hope to have contributed to securing your construction project.
Thus, I remain, Best regards