Construction Insolvency Law

Construction insolvency law includes special provisions for crises and insolvencies in the construction industry. Our core competence includes advice for creditors in the case of a crisis and insolvency of the contract partner. A loss of claims e.g. for the contractor required to provide initial performance in the insolvency of the customer can endanger the company's existence. We advise creditors about how they can protect themselves against such risks.

We also support our clients in disputes with insolvency administrators in setting aside transactions under insolvency. Insolvency administrators can still reverse and demand reimbursement of payments that have been made under certain circumstances even many years after the fact. Our attorneys support you in successfully defending against claims of the insolvency administrator for repayment.

In addition to advising creditors in construction insolvency law, a further focus of our activity is on providing advice during a crisis. Our goal is the reorganization and continuation of the business of the developer, subcontractor, architects, partners in a consortium (ARGE) and the supplier. Our clients profit from the many years of experience by the insolvency administrators in the insolvency and recovery department at Graf von Westphalen in advising construction companies on reorganization in a crisis.

Our main areas of services:

  • Continuation of the business in insolvency
  • Reorganization by transfer of assets in insolvency proceedings
  • Insolvency plans
  • Debtor in possession
  • Negotiation with lenders, creditors and shareholders
  • Advice for managing directors and executive board members in a corporate crisis with the goal of avoiding liability
  • Advice to business partners in dealing with companies in insolvency and in a crisis
  • Defending against claims to set aside transactions in insolvency 
  • Defense against claims for liability
  • Litigation specifically in insolvency