ᐅ Forgot to install perimeter insulation

jeti79 schrieb:


I spoke directly with the insolvency administrator. He was very polite and immediately pointed out that his job is to collect money and that he will resend the final invoice with more pressure as soon as the proceedings start. He also advised us to secure a court-appointed construction expert to assess the value. We should then withhold payment accordingly...

You should first discuss this with your lawyer. Why should you have to prove how much of each section was completed? Actually, he should have to prove that the requested amount properly corresponds to the work performed. (Anyone seeking payment must be able to justify it legally.)

Most likely, the defects will not be as costly as expected according to the expert’s valuation, so you might still have to pay some money. Many defects can theoretically be compensated for using alternative, cost-effective methods. In practice, however, you will probably find no one willing to do that. If you already have an expert, they can likely give you an estimate of how much it will cost to fix the defects. Is that value roughly comparable to the partial payment amount the insolvency administrator is trying to collect?

At least he wants the money immediately and isn’t waiting a few years to claim it.

Payday schrieb:
whoever wants money must also be able to prove their legitimacy

That may be true, but in practice during house construction, the contractor will issue the invoice at their discretion and ultimately initiate legal collection proceedings. Then the invoice recipient must act and needs solid evidence that the claim is not justified.

Payday:
The theory is certainly correct. However, if I wait until something like that is finalized, I’ll be bankrupt by then.

That’s why I’m conducting an inventory now and using this value to counter the insolvency administrator’s claim.

At least this way, I can keep going. Otherwise, I won’t have any evidence to dispute the claims.

Bieber0815 schrieb:
Ultimately, initiate the court-ordered payment reminder process. Then the invoice recipient must act and needs solid evidence that the claim is unjustified.

I had the “pleasure” of initiating such a court-ordered payment reminder against a debtor last year, and I can say that this is not accurate. The debtor is contacted by the payment reminder court and can respond. If they reject the claim, this is communicated to the creditor, or a lawsuit is opened immediately if the creditor requested that when applying for the process.
In this court-ordered payment reminder process, no one actually reviews the content, so there are no judgments. It’s more like a warning shot to the debtor, who—if requested—receives the reminder personally from the bailiff. If the debtor says “not correct” by simply ticking a box on the form, that’s it for the time being. If they ignore it or accept their fate, the creditor can obtain an enforceable title for a relatively low cost and in a fairly short time. A good thing.

(In my case, the debtor did not respond, all deadlines passed, so I ended up holding an enforceable title. I then sent the bailiff to seize assets, but there was nothing to collect or everything was below the seizure threshold. But the debtor is still young, the title is valid for 30 years, and the interest is accruing. Eventually...)

Exactly as Alex described it! In the dunning proceeding, no one examines the claim. Neither the creditor nor the debtor has to provide any proof. The creditor can easily apply for a payment order (and subsequently for an enforcement order) without having to provide any evidence for the validity of their claim. The debtor can then simply object to the payment order or appeal against the enforcement order by marking a box on a form, without needing to provide any reasons or evidence, and that usually ends the matter (for the time being). Then the creditor is under pressure; if they want to pursue the case further, they must assert, justify, and prove their claim in a regular civil court proceeding. After that, the debtor can present and prove their side of the story. Following the evidence hearing, a judgment is generally issued.

@ TE: I would definitely recommend talking to your lawyer first and considering which approach makes the most tactical sense before commissioning an expert report. Either way, be prepared that it is not unlikely the matter will have to be resolved in a civil court proceeding. The insolvency administrator is obligated to collect outstanding invoices on behalf of the insolvent party to satisfy their creditors, if necessary through court proceedings. It is quite common for insolvency administrators to file lawsuits over disputed and unpaid invoices. I worked for nearly two years at an insolvency administrator’s office before I moved into the judiciary. That was our “daily bread.”

A brief update from us:

The inspector visited the construction site, took photos of everything, and described the existing defects as very serious concerning the contract. In other words, to achieve the condition we ordered, the building would need to be torn down. However, he also mentioned that we can achieve a similar U-value to the one we "ordered" through other means. This somewhat eases the emotional burden...

In the meantime, I have gathered several quotes, and if all goes well, it will still be financially somewhat manageable. The structural builders are not exactly competing for the job and claim that they do not want to provide any warranty for the defective substructure – which I have started to not care about...

Our cancellation has still not been processed because I unfortunately misunderstood the lawyer and must first give both the insolvency administrator and the construction company a deadline to fix the defects. Once that deadline has passed, we can finally terminate the contract. Only then will I likely have the full right to claim damages – even if there are claims made against us (which the insolvency administrator has already indicated), this would give us more weight in our argument.