Preliminary insolvency of the developer - What to do?

  • Erstellt am 2017-05-05 06:50:35

Knallkörper

2017-05-05 08:46:15
  • #1


Hello.

As far as I understand, you have paid 15% and received nothing. No idea if this is common with developers, but I certainly would not have done that. I also advise you to consult a lawyer.
 

Caspar2020

2017-05-05 08:49:08
  • #2


You have already paid 15%. Probably without the 5% retention for defects, right?

And you haven't started construction yet. But that is already quite a bit ahead of progress.
 

frank_gayer

2017-05-05 08:51:25
  • #3
You only pay according to progress and for the payments made so far we have received all services or two things are still being worked on.
 

frank_gayer

2017-05-05 08:52:31
  • #4
Defects? We don’t even have a single stone standing yet and everything else like floor plans, sample selection, etc. is finished and approved.
 

Knallkörper

2017-05-05 08:57:53
  • #5


Sounds a bit naive. The floor plans were created – okay, that costs almost nothing. The sampling was done – aha, that is probably your service...

What is being worked on doesn't matter. I understand you to mean that you transferred a mid five-figure amount to an insolvent company and practically received no consideration for it.
 

Caspar2020

2017-05-05 09:03:59
  • #6
But you are aware that payment schedules are a matter of agreement. And the planning is usually not worth 15%, especially not yet complete.



In many construction contracts, it is agreed that the client may withhold a retention security for the duration of the warranty period (usually 5% of the invoice amount).

And these 5% are normally "retained" from the beginning. By the way, planning can also contain defects.

Is the architect/planner actually part of the insolvent company, or is it outsourced?

Or do you only have one contract?

In other words, it's nice that you have a builder. But who "directs" this person and handles the tendering of other various trades, construction coordination and construction supervision? Perhaps still the insolvent company?

I would, as already advised several times, seek specialist legal advice.
 

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