Surcharges of 10% despite a fixed price contract

Then the builder will HAVE TO pay penalties + penalties to the bank due to undrawn loans And that amounts to hundreds of thousands....

Is the general contractor a sole proprietor or a GmbH? In the latter case, which number GmbH of the managing director is this? ;)

Then the contractor will have to pay penalties + penalties to the bank due to undrawn loan AND THAT will run into hundreds of thousands....

And the homeowner continues to live in his crappy apartment and is happy that 7 years after the contract was signed he won in court, while the contractor has meanwhile filed for bankruptcy and can no longer pay anything. Win-win situation

I see, some people are just too young in the forum to still know the [Fleischerhaus]. How many years has that been delayed now and how many GUs have been used up? ;)

Is the GU a sole proprietorship or a GmbH? If the latter, which number GmbH of the managing director is this? ;)

Thank God, neither of them Established company (not a 20-person operation)

What, neither? Do you know what that means? Ultimately, the specific legal form doesn't matter, it's about whether he is personally fully liable or has limited liability. I have never come across a construction company that does not operate with some form of limited liability (that would be negligent). Except for that one general contractor from the Fleischerhaus. But even with personally liable managing directors, that doesn't mean you will see any money from him in the end. In such cases, it usually turns out that all assets belong to his wife.

There is another trick, especially used by developers who build several terraced houses etc. at once: They specifically set up a GmbH for the contracts, whose business purpose is solely the sale of the properties and completion of the project. The company presents itself to the buyers as a normal experienced local construction firm, but the contract is with this GmbH, which, as soon as the acceptance has taken place, essentially acts only as a mailbox company until it is dissolved one or two years later. 5 years warranty? No way, because your contractual partner no longer exists. Any assets have long since been transferred to the parent company via a profit transfer agreement or even paid out as salary to the managing director (the latter less likely due to tax reasons).