ᐅ Liability after the insolvency of the general contractor

Created on: 30 Mar 2009 09:31
G
guzzi
G
guzzi
30 Mar 2009 09:31
Hello everyone,
after reading what feels like thousands of posts but not finding an answer to my question anywhere, I hope this is the right place to ask...
Unfortunately, "my" house construction company had to file for bankruptcy! Unlike major chains, they were always transparent and advised me in time not to pay the final installment anymore.
Basically, we managed to complete my house (only a few minor things are still missing), but the electrician did faulty or insufficient work and now only wants to come back to fix it if I pay the remaining balance (~2500.00), which the company still owes him.

So, finally, my question:
My contract partner was the construction company xy. Their contract partner was the electrician abc.
WHO is now responsible for finishing the work and/or fixing the defects?
Thanks in advance
G
guzzi
31 Mar 2009 09:01
Great – the contractual partner no longer exists....
and what about a TRANSFER of the warranty in my favor?
W
wabe
10 Apr 2009 19:36
The assignment could apply if the construction work has already been accepted, as the warranty period starts from that point.
G
guzzi
10 Apr 2009 20:16
Such a mess. There isn’t a final report yet, but I need it for the completion notification. Does this now mean that NO warranty claims can be made???
Best regards
J
JOERG24
14 Apr 2009 13:59
I would say that unfortunately this is probably the case. Your contract, under which you can make warranty claims, is with the insolvent company.
The electrician does not have any warranty obligations towards you.
If the company had not gone bankrupt, it could have hired another electrician to fix the defects.
G
gmeurb
18 May 2009 10:48
What if the company is not insolvent but simply shuts down? Who can be held responsible in that case?