Hello everyone,
we are having a standard house (formerly kfw70 standard) built without a basement.
After endless disputes with the site manager, he was replaced, and the new site manager discovered that the perimeter insulation was forgotten.
We are now completely uncertain whether our build can still be saved, as demolition has even been mentioned...
It is now being investigated whether this insulation can be installed retroactively on the foundation slab.
Does anyone here have solid experience with this and can offer advice on how we should proceed? Should we agree to retrofitting the insulation, or is that not viable at all?
we are having a standard house (formerly kfw70 standard) built without a basement.
After endless disputes with the site manager, he was replaced, and the new site manager discovered that the perimeter insulation was forgotten.
We are now completely uncertain whether our build can still be saved, as demolition has even been mentioned...
It is now being investigated whether this insulation can be installed retroactively on the foundation slab.
Does anyone here have solid experience with this and can offer advice on how we should proceed? Should we agree to retrofitting the insulation, or is that not viable at all?
jeti79 schrieb:
This means I probably have full entitlement to compensation—even if claims are made against us (which the insolvency administrator has already announced), we would then have a stronger position in our argument. The insolvency administrator will demand that you fulfill claims against you in full (100%)—while you, on the other hand, accept that your counterclaims will be settled only proportionally (i.e., you do not offset them). This loss reduces your budget for saving the construction project :-(
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
I would like to provide another progress update and also have a question arising from the preliminary expert report, which at least calculates the "construction value":
We have now been able to cancel the contract and must convince our bank that we can complete the construction, which is not easy. The insolvency proceedings started on October 1, 2017, but we have not received anything in writing yet. (Only information found online)
1) The bank naturally sees the outstanding claim of about 50,000 euros (approx. 55,000 USD) and is demanding a statement from us/our lawyer about the current status of the proceedings. Since there is no indication yet of how this "process" will end, it could take years to resolve. To me, this sounds like a delaying tactic to earn as much as possible on the standby interest.
The fact that we ourselves might become insolvent in the coming months does not concern anyone there. They are not willing at all to financially support us in keeping the construction at least closed for the winter to prevent further damage. (Not even if my parents were to advance us money to finish the roof structure)
2) Most of the construction defects are not severe enough to require complete demolition. Only the base detail, specifically the oversized concrete slab, is problematic:
- The report states that the brick facing needs to be removed, and the concrete slab must be professionally cut back and receive a better coating before reinstalling the insulation and façade. (This is to prevent rising damp and thus mold formation)
The expert himself already mentioned that other measures might compensate (the report only concerns restoring the originally agreed condition), but he is currently on vacation, and an engaged architect supports the report’s argument and refuses to give us the "stamp" the bank requires before releasing the funds again. (which I can basically understand) – this unsettles us, because the costs for the defect repairs (about 15,000 euros (approx. 16,500 USD) plus new purchase and installation of bricks) pose an almost insurmountable challenge.
Interestingly, I have spoken in recent days with several architects (without the mysterious "stamp"): none of them see the problem as so serious that the concrete slab absolutely must be cut back. The energy consultant also said that the installed membrane under the screed layer should actually prevent moisture from rising.
Attached is a proposal from an architect suggesting removing only one layer of bricks and replacing it with foam glass blocks, which we could basically do ourselves and would be significantly cheaper for us. (about 3,500 euros (approx. 3,850 USD) plus own labor)
What do you think (those familiar with this topic)?
Are there possibly other measures we could take to avoid having to remove the entire brick facing?
We have now been able to cancel the contract and must convince our bank that we can complete the construction, which is not easy. The insolvency proceedings started on October 1, 2017, but we have not received anything in writing yet. (Only information found online)
1) The bank naturally sees the outstanding claim of about 50,000 euros (approx. 55,000 USD) and is demanding a statement from us/our lawyer about the current status of the proceedings. Since there is no indication yet of how this "process" will end, it could take years to resolve. To me, this sounds like a delaying tactic to earn as much as possible on the standby interest.
The fact that we ourselves might become insolvent in the coming months does not concern anyone there. They are not willing at all to financially support us in keeping the construction at least closed for the winter to prevent further damage. (Not even if my parents were to advance us money to finish the roof structure)
2) Most of the construction defects are not severe enough to require complete demolition. Only the base detail, specifically the oversized concrete slab, is problematic:
- The report states that the brick facing needs to be removed, and the concrete slab must be professionally cut back and receive a better coating before reinstalling the insulation and façade. (This is to prevent rising damp and thus mold formation)
The expert himself already mentioned that other measures might compensate (the report only concerns restoring the originally agreed condition), but he is currently on vacation, and an engaged architect supports the report’s argument and refuses to give us the "stamp" the bank requires before releasing the funds again. (which I can basically understand) – this unsettles us, because the costs for the defect repairs (about 15,000 euros (approx. 16,500 USD) plus new purchase and installation of bricks) pose an almost insurmountable challenge.
Interestingly, I have spoken in recent days with several architects (without the mysterious "stamp"): none of them see the problem as so serious that the concrete slab absolutely must be cut back. The energy consultant also said that the installed membrane under the screed layer should actually prevent moisture from rising.
Attached is a proposal from an architect suggesting removing only one layer of bricks and replacing it with foam glass blocks, which we could basically do ourselves and would be significantly cheaper for us. (about 3,500 euros (approx. 3,850 USD) plus own labor)
What do you think (those familiar with this topic)?
Are there possibly other measures we could take to avoid having to remove the entire brick facing?
Ok, thanks for the information – I’m just surprised that other builders were contacted by the insolvency administrator and we were not, even though there is still a chance to claim money from us.
After all, the insolvency administrator does not yet know that, according to the appraisal, the building is worthless...
After all, the insolvency administrator does not yet know that, according to the appraisal, the building is worthless...
Based on your drawing, I do not expect any damage resulting from the foundation slab not ending before the insulation.
You can check the progress of the insolvency (preliminary administration or opened proceedings) in the electronic commercial register. You can also read the Insolvency Code (InsO) online. Nevertheless, don’t lose hope and do not approach insolvency administrators with a divorce lawyer or criminal lawyer, as they are a very specialized type.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
You can check the progress of the insolvency (preliminary administration or opened proceedings) in the electronic commercial register. You can also read the Insolvency Code (InsO) online. Nevertheless, don’t lose hope and do not approach insolvency administrators with a divorce lawyer or criminal lawyer, as they are a very specialized type.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
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