Having noted that the contract

Application pratique:

Because the building contract predates the insolvency opening, the landlord’s claim for defective work is a pre-insolvency debt. He must formally lodge his claim with the creditors’ representative within two months of the publication of the judgment opening proceedings. Failing this, the court will declare his claim inadmissible, and he will lose the right to recover any payment from the insolvent company. Immediate legal advice is essential to secure his position.

Application pratique:

The defect claim arises from the original sale contract, concluded before the insolvency opening. The buyer must submit his claim to the insolvency proceedings to obtain compensation for the defects, even though the damage materialised later. He should gather all evidence (purchase agreement, expert reports) and declare his claim within the statutory deadline, typically two months from publication of the insolvency notice, to avoid being barred from recovery.

Application pratique:

The debt for the uncompleted works and the advance payment both stem from the pre-insolvency maintenance contract. Each co-owner, through the syndic, must file a proof of claim in the insolvency proceedings for the amounts owed. The syndic should act promptly to meet the declaration deadline, otherwise the association’s claim will be inadmissible, leaving the co-owners out of pocket. Consulting a lawyer experienced in insolvency and construction law is strongly recommended.