Preliminary insolvency of the developer - What to do?

  • Erstellt am 2017-05-05 06:50:35

Caspar2020

2017-05-05 20:58:55
  • #1


As mentioned. The planning is actually only worth about 5%; and not even complete yet.

There are definitely still missing the execution plans of individual trades, construction management, acceptance, checking the invoices of the craftsmen, tendering.

Then there are also expert costs (after all, someone has to estimate the services provided) so that you can throw your lot (or claim) into the insolvency proceedings, as well as attorney fees...

In addition, anyone who continues this will basically have themselves paid for the "familiarization" (either transparently at the beginning, or later on). They do not just accept a half-finished plan blindly.

What is still left open is who will actually take over further planning or play the architect, or also be responsible for what has been created so far (i.e., whether statics etc. are really okay). Because you can hardly hold the insolvent party liable in case of emergency.

Normally, your almost insolvent general contractor, who would do this and only passes on the construction work to a subcontractor who is familiar with shell construction. And these are rather "guys" from construction; less planners/architects.

You don’t want to jump from one thing to another.
 

Nordlys

2017-05-05 21:57:54
  • #2
Friends of refined construction talk, don’t get him wild now. Whether misery, half misery, black eye, or good luck, it will be revealed. I hope the latter. Karsten
 

Payday

2017-05-06 09:34:15
  • #3
The payment plan is really strange, but now it's too late (the payment plan overall looks really adventurous). In the end, the only option left is to go to a specialist lawyer and definitely not to transfer any more money to the old company. The money that has already been transferred is, of course, gone. A company does not file for insolvency because it still has money to give back to you. The only thing that would still be possible is if the work for the 15% is also completed (or was completed, as is theoretically intended with these invoices).
 

Knallkörper

2017-05-06 10:25:24
  • #4


The problem is that the general contractor has no work to do for the 15%. That is only planning, and without detailed planning at that. The remaining payment schedule is borderline criminal. Accordingly, payments before roofing are:

- 15% of an assumed 350k house price = 52.5k
- 70% of an assumed 400k final price after selection, minus 52.5k = 243.25k
- so a total of 74% for an unfinished shell

You can see that the general contractor urgently needed money.
 

frank_gayer

2017-05-06 17:18:35
  • #5
That is not correct at all and it is not stated like that in my uploaded excerpts. 15% of the house sum for all work up to the start of house construction 10% of the remaining sum for the foundation slab 10% of the remaining sum for the basement 50% of the remaining sum for the shell without roof It may be that you mean unfinished by the 75% that the roof is still missing but what I don't have, I also don't have to pay for and whether the remaining sum still open would be sufficient for a roof or interior fittings, I cannot judge
 

Caspar2020

2017-05-06 18:18:47
  • #6


That’s exactly how it is. You would have paid 75% and only have a shell without roofing.

Fair for everyone would be 40% for the shell completed; or 48/50% after roofing
 

Similar topics
14.11.2011Shell construction still this year15
05.09.2015Cracks in masonry (shell construction)14
13.02.2014Mold on wood/ shell construction, is it possible to deduct the advance payment invoice?28
09.10.2016Roofing - Clay or Concrete?16
27.04.2020Which roofing material is suitable for a flat shed roof?11
08.09.2015Massive house by the architect, approximate costs?16
19.01.2016Construction project with architects31
26.02.2016Renegotiation of payment plan, please help25
20.08.2016Should the house be planned by a general contractor or architects?30
28.11.2016Payment plan / Guarantee remaining amount Acceptance20
28.02.2017Are securities customary for completion and warranty?24
17.07.2017Payment plan okay - 13% after the floor slab?21
06.09.2017Add a wind catch later to the shell construction17
08.10.2020Is the general contractor payment plan acceptable? Thanks for tips68
27.08.2018New building shell construction selection: Choose a company or architects?52
09.10.2018Costs for shell construction and roof covering/insulation - fixed price offer okay?25
29.11.2020Accept payment plan despite legal defects?12
04.05.2020Payment plan is somewhat okay or clearly optimizable37
27.11.2023Assessment of costs for the shell construction and total costs (plaster, screed)17
24.02.2025Construction Costs Shell/Turnkey Comparison39

Oben