11ant
2021-02-10 02:05:01
- #1
I probably expressed it too absolutely: I consider a misdiagnosis possible – in the mortar-"plastered" spots, the actual joint is ambiguously "visible" in the picture. I have attached where I see the incorrect spots.It would be nice if this were a misdiagnosis. May I ask why? And yes, the overlapping measure was not observed in some places.
You should definitely involve one – but don't get your hopes up too high.But currently, I don’t see a way around the lawyer.
That’s exactly where the problem lies: if the defects were indisputable or confirmed, the retention would be appropriate. But as it stands, it will surely become a matter of dispute. But even a high retention does not guarantee your security; read my explanations regarding the insolvency timing and the risk of repayment claims. If an administrator is appointed as a result of an insolvency filing, they will dispute the legitimacy of the retention, demand the withheld sum, and at best (and only at the end of a years-long process!) return a portion of it pro rata to you, provided you have registered your claims correctly and on time.Honestly, I don't really understand that sentence. From my perspective
Yes, that’s why I advised contacting a lawyer. It’s better if your lawyer addresses the other creditors than you do, and also the public prosecutor.I have also read up on the topic of insolvency. However, I don't necessarily want to proceed without legal advice here.
Probably wanted to tell you something in other words but essentially the same direction as I did, namely that you should follow Dante’s advice and abandon all hope. The "old" Fleischerhaus thread was titled "Construction company stops work despite overpayment". And that’s probably what we’ll see here as well: even if you believe you have already overpaid measured by construction progress – and especially by "usable" construction progress – the general contractor will see it differently and will not officially terminate the contract but instead go into default on performance – which effectively also means zero construction (ruins) progress.I can’t just continue with the construction and consider the contract terminated