German solid house insolvent?

The company DM is no longer supported by anyone. Too often the builders were lied to and ......... . It is basically only about how to save one's money now. Most have gone to a lawyer or are canceling their contracts because the burdens are not sustainable in the long run. Provision interest, rent, etc....... Some "special construction sites" are still being built as showpieces so that one can say "hello, we are building after all," but unfortunately the reality looks different. Most now see the reality and act. The motto going around is "every man for himself." Sad but true.

Who are most of them? Facts! Who has been to the lawyer? What are the legal consequences? Has anyone already filed a lawsuit? Possibly a class action?

In which other forum? I only know this forum. Send me a pm.

Hello,
I am also a client of DM and, due to the forum posts, the calls, and the conversations with my construction companies, I am more than unsettled.
As a result of my uncertainty, I am currently withholding a larger amount, since after paying this amount to DM I would have already paid out 84% of the total sum. However, my construction progress is still at the stage of completing the roof surfaces, which in my assessment in no way corresponds to the payments made.

The reasons for withholding payment are:
· The shell builder + roofer have not seen a single cent despite my payment. DM's explanation: construction defects must be fixed, but I have not reported any!
· The site manager wants to resign from his site management because of DM's missing payment
· The electrician refuses to start work on the site until DM settles the old outstanding invoices from other construction sites

At the moment I have several options I am considering:

a) DM offers me a trust account: their email excerpt:

With the Demand Security Act, the construction money concept and the associated obligation to use construction money were changed. § 1 para. 1 of the Construction Demand Security Act obliges every contractor in the future to use the construction money they received for a specific construction site only for that site. In implementation of this legal obligation, DM - Deutsche Massivhaus GmbH has decided to set up a separate account as a trust account for each construction project, to ensure the exclusive use of the funds for the clients here. Payments for the respective construction project are made exclusively from this trust account. In addition, the accounts are protected from seizure and are inaccessible to third parties. In the event of insolvency, clients have "exclusion rights" here. This means that the funds would be transferred to the clients and not fall into the insolvency estate.

b) Early withdrawal from the contract and withholding of the outstanding amount

Unfortunately, both options carry risks that I cannot fully assess.
Therefore, I would like to know how you are currently acting?
Thank you

Exclusion!

Hello, I am also a client at DM and am more than unsettled due to the forum posts, calls, and conversations with my construction companies. As a result of my uncertainty, I am currently withholding a larger amount, as after paying this amount to DM, I would have already paid out 84% of the total sum. However, my construction progress is currently only at the completion of the roof surfaces, which in my assessment does not correspond in any way to the payments made.

The reasons for withholding the payment are:
· The structural engineer + roofer have not seen a single cent despite my payment. DM’s explanation: Construction defects have to be remedied, but I have not reported any!
· The site manager wants to resign from his construction management due to DM’s missing payment
· The electrician refuses to start the construction site until DM settles the old outstanding invoices from other sites

Currently, I am considering several options:

a) DM offers me an escrow account: Their email excerpt:

b) Early termination of the contract and retention of the outstanding amount

Unfortunately, both options carry risks that I cannot fully assess. Therefore, I would like to know how you are currently behaving? Thanks

Regarding A: The following text will clarify some things!

Exclusion

Anyone who can claim that there are items in the insolvency estate that belong to themselves and not to the debtor can demand their surrender (exclusion) according to §47 InsO. For this, the claimant must be entitled to exclusion and submit an application to the insolvency administrator.

The most important case in practice is probably the delivery of goods under retention of title. However, the item to be excluded must be individually identifiable. Fungible goods according to §91 of the Building Code must not yet be mixed according to §948 of the Building Code.

Exclusion criteria include, among others, possession, ownership, an inheritance claim, a contractual claim for restitution, a demand, sale under reservation of title, as well as real estate law.

It should be noted that the person entitled to exclusion is not an insolvency creditor unless claims beyond the exclusion arise against the debtor.

It should also be noted that in the case of exclusion claims by related persons, it is generally examined how long these claims have existed and whether the exclusion claim causes harm to the other creditors. If corresponding contracts were concluded up to two years before the insolvency, a criminal offense may exist and the contracts may be challenged.

Regarding B:

A complete assessment of an extraordinary termination can only be provided to you by a competent lawyer! The fact is that the terminations against DM are increasing rather than decreasing!

@Pinky and Brain

Something like that is happening to you like us....
but a bit further in construction progress.. for us it's still drywall, tiles, stairs and doors....

but: our site manager has already dropped out and DM has not been able to get a new one for 4 weeks... I can imagine why.. because all the companies here (roofers, plasterers, electricians) also haven't been paid and I think word gets around..... unfortunately to our annoyance and we only have the final payment left.... such a sh....