Hello everyone,
not much has happened for a long time. Now a situation has been resolved, but another currently more serious problem is arising.
In advance:
Our city has now managed to issue us the building permit. After tough negotiations, we were allowed to pile up the noise protection wall. I then received the permit on time for the anniversary of our submission on 16.09.! So far so good........
Now the new problem:
Our house was supposed to be built by a subcontractor of a German house building company. Unfortunately, the managing director (our architect) died in a car accident almost 4 months ago. The company was subsequently dissolved or is now going into insolvency.
To be able to start construction as soon as possible, we were referred by the head office of the house building company to another subcontractor and signed a "triangle agreement" there. Our contract should simply be transferred to the new company. Unfortunately, it was not taken into account that the old company would no longer sign this agreement, which means our contract cannot be transferred.
To avoid possible costs, we were advised by the head office to contact a lawyer and terminate our contract immediately and extraordinarily without notice as soon as possible. We did that on the same day and thus sent our termination before the actual insolvency proceedings.
After a lot of back and forth, the insolvency administrator was appointed about 2 weeks ago. Immediately an invoice arrived that we should pay. However, we were able to prove with our documents that we had already paid the due amount and no further claims should be outstanding. At the same time, we asked for further information about when we could expect the termination of our contract.
Since then, the insolvency administrator has remained silent. Although we have a lawyer (the same one provided by the head office), she cannot tell us whether our termination is legally effective and whether we may build elsewhere without possibly being surprised by costs from the insolvency administrator.
Does anyone perhaps have an idea what else we can do?