Preliminary insolvency of the developer - What to do?

With property developers, you are quite well protected by the legally required payment plan. In our case, the risk remained with the property developer until the end because the land was almost as expensive as the house, and we only exceeded 50% of the total price with the final installment.

Further question, who will be your contracting party in the future?

We will conclude a new contract with the new house builder under the same conditions. The future house builder would have built the house for us as a subcontractor for our current house builder anyway.

Who is responsible for potential 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 difficult in later warranty issues.

No, that is not the case.

We will conclude a new contract with the new house builder under the same conditions. The future house builder would have built the house for us as a subcontractor anyway for our current house builder.

Yes, I understand. But he will not work off the 15% for free. Because the money has already been lost with the insolvent construction company.

What claims are supposed to be filed?

None yet, as there is no letter from the insolvency administrator and the construction law attorney I contacted cannot do anything yet.

The overpaid money is part of the insolvency estate and the remaining work will no longer be carried out.

How can you judge that? All services that must be provided up to the construction of the basement have been completed or are currently being completed, and we have not yet made any down payment for the basement, so according to this calculation no money has been lost yet. Unless services, such as completing the work plan, are no longer provided, but according to your calculation these works are only 3-5% of the amount, so we would only lose about €12,000 max.

All statements refer only to a contract for work, while the question still has not been answered whether it is actually a contract for work or, as mentioned at the beginning, a developer contract.

It is a contract for work.

Yes, of course. But he won’t work off the 15% for free. Because the money has sunk at the insolvent construction company.

See my post from just now. The next down payment would be for the basement, so we have received all services for it. Whether the amount was too high is another matter, but that doesn’t change the final sum.

That sounds so confusing and vague. Which services? I think they haven't even started yet? The question is, what is worth what? If they haven't laid a single stone yet, 67K is simply way too much. Even if the contract states that the amount would be due at this point, there is no value corresponding to the amount.