Preliminary insolvency of the developer - What to do?

Approximately 10%-12% of the construction sum is the value of planning, building permit submission, structural analysis, thermal calculation, detailed plans for individual trades, site management, acceptance, checking the invoices of the craftsmen, tenders.

OK, then we are somewhat above that at 15%, and everything is included up to the start of construction

Very difficult case. As many have already said, this belongs in the hands of specialists. You are certainly well advised with a lawyer specializing in construction law as well as insolvency law.

Important for me would be, firstly, the down payment already made. This is certainly not worth 15%, and claims should be filed against the insolvency administrator.

Further the question is, who will be your future contractual partner? Who is responsible for any defects, warranty? If the new general contractor acts as a kind of subcontractor of the insolvent company and you receive the invoice from the insolvency administrator, this can become complicated in later warranty issues. Here I would definitely have the payment agreements reviewed and possibly consult a building expert during the construction phase. In case of defects discovered later, the whole matter will certainly be challenging otherwise...

OK, then we are slightly above with 15 %

You are quite a bit above. The 10%-12% are for the entire construction period.

But in the actual case of insolvency, this will be clarified by an expert.

I have already contacted a construction law lawyer and he clearly told me that without an official letter from the insolvency administrator, he cannot do anything sensible.

Normally, this should be routine for him; insolvencies are common in construction. Then you are actually in good hands.

The further wise approach will be best discussed with your legal counsel.

Interesting times still ahead for you; especially if the preliminary insolvency indeed leads to formal insolvency proceedings.

Maybe you could specifically say what you received for the 15% (of 450 T = 67,500 euros?:eek

Important for me would be, firstly, the down payment already made. This is certainly not worth 15%, and claims should be filed against the insolvency administrator here.

What claims are supposed to be filed? The overpaid money is part of the insolvency estate, and the remaining work will no longer be carried out. With luck, you will still receive the previous planning documents promptly, but that does not mean that certain work will not have to be done twice and thus also compensated twice. All statements refer only to a contract for work and services, whereas the question still remains unanswered whether it is actually a contract for work and services or, as mentioned at the beginning, a developer contract.

To the OP:

I don’t want to nag and I really hope I’m wrong:

But you clearly give the impression that you don’t realize that you may have just seen €50k go up in smoke.
You massively (!!!!!) overpaid and your general contractor or whoever is insolvent and is no longer doing anything.

So far, you have received services worth maybe 3-5%, no more. And you won’t get any more!

We had the first installment payment of 15% after the basement ceiling was poured, nothing before!

Again, go to a lawyer and they have to apply pressure. Being nice and waiting will only make you the fools later!

Best regards,

Andreas