ᐅ Do we have to pay the final invoice in the event of insolvency?
Created on: 14 Jul 2009 16:42
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OlgavonderWolgaO
OlgavonderWolga14 Jul 2009 16:42Hello, I have the following question. First of all: Our home builder is insolvent. We have just finished our house except for a few minor defects and now need to pay the final invoice. Our friends, who also built with the same builder, have had a worse experience. The insolvency administrator informed them that their house will no longer be completed, even though they have already paid a large deposit.
Question: Are we obligated to pay the outstanding amount to the insolvency administrator? Ideally, I would prefer to give the money to our friends.
Thank you
OlgavonderWolga
Question: Are we obligated to pay the outstanding amount to the insolvency administrator? Ideally, I would prefer to give the money to our friends.
Thank you
OlgavonderWolga
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6Richtige14 Jul 2009 17:19Hello OlgavonderWolga,
please get in touch with Mr. Nilson from the homeowner emergency service. He is very experienced with insolvent construction companies and will surely be able to assist you.
bauherrennotruf@gmx.de
040 / 88 88 66 21
please get in touch with Mr. Nilson from the homeowner emergency service. He is very experienced with insolvent construction companies and will surely be able to assist you.
bauherrennotruf@gmx.de
040 / 88 88 66 21
If you have received an invoice for a provided service, you will, in most cases, be required to pay it. Furthermore, the insolvency administrator will neither want nor be allowed to accept any other solution and will take appropriate measures, including garnishment, if payment is not made.
The situation can only be different if you are asked to pay for services that were not rendered.
The situation can only be different if you are asked to pay for services that were not rendered.
O
OlgavonderWolga5 Nov 2009 11:04Hello,
I have another question regarding insolvency.
In our case, the developer has now been liquidated, and the insolvency administrator demanded payment of the final invoice from us. We then submitted an expert report on the defects, which states that the cost to remedy the defects is roughly the same as the final invoice. In response, the insolvency administrator gave a written statement: “Have the defects repaired, pay the contractors directly, and submit the final invoices to me for final review.” That is great, but how long can we take to complete the defect repairs?
Thank you and best regards,
OlgavonderWolga
I have another question regarding insolvency.
In our case, the developer has now been liquidated, and the insolvency administrator demanded payment of the final invoice from us. We then submitted an expert report on the defects, which states that the cost to remedy the defects is roughly the same as the final invoice. In response, the insolvency administrator gave a written statement: “Have the defects repaired, pay the contractors directly, and submit the final invoices to me for final review.” That is great, but how long can we take to complete the defect repairs?
Thank you and best regards,
OlgavonderWolga
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6Richtige5 Nov 2009 11:09Hello OlgavonderWolga,
why do you ask? Do you want a house without defects or just to hold back the payment?
why do you ask? Do you want a house without defects or just to hold back the payment?
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OlgavonderWolga5 Nov 2009 11:13Yes, of course we want a defect-free house. In my opinion, defects should be rectified promptly, but the builder has the opposing view that we have all the time in the world, or rather, the actual warranty period is the next 4 1/2 years.
To clarify the question, I have asked you. What is your opinion on this?
Thank you
Olga
To clarify the question, I have asked you. What is your opinion on this?
Thank you
Olga