Due to rising construction costs and interest rates, insolvencies among project developers and builders are also on the rise. We have noticed that disputes over construction documents are on the rise, regardless of the stage of construction. In the case of construction projects, private builders require documentation at the latest upon completion of the work in order to be able to prove to the authorities that the construction work has been carried out in compliance with the relevant public law regulations. The same applies to proof of project eligibility for funding.
Compliance with public law regulations
Due to the requirements of the respective building regulations (e.g. § 68 BauO NRW), certificates from a state-recognized expert are requested by the authorities as standard to confirm that the proof of sound insulation and thermal insulation has been prepared and checked during construction. The authorities also require and request certificates regarding the verification of stability (statics) and fire protection from a building regulations perspective. Failure to submit them can quickly result in the authorities prohibiting the use of the property, and in the worst case even ordering its demolition.
Construction company refuses to hand over
Especially towards the end of the construction project, when defects are first complained about by the client and the contractor presses for payment of partial or final invoices, the handover of technical construction documents (certificates, evidence) becomes critical: the construction company refuses to hand them over and demands additional payments; contact persons at the construction company "disappear", no one is responsible anymore, the insolvency administrator cannot be reached and does not care. In this case, the client must act immediately.
We will help you to enforce your claim for the handover of the construction documents and, if necessary, we will sue for this claim on your behalf.
Essen, December 19, 2023
Lawyer Dennis Wiegard
