The law on securing Bauforderungen (Bauforderungssicherungsgesetz-BauFordSiG) serves the purpose, builders and other construction process and connect with their work in advance, before bad debts, especially in a bankruptcy contractor to protect. Against the background that mostly craftsmen and medium-sized construction companies in eastern Germany for a long time cause bad debts and the resulting partly life-threatening liquidity problems complained, had been the Bauforderungssicherungsgesetz by Article 3 of the Act to secure contractor claims and enhance enforcement of claims of 23 October 2008 amended. In particular, the provision of § 1 has been extended BauFordSiG which requires the recipients of building loan, use this only for payment of claims of such persons in the production of construction due to a work, service or supply contract were involved. By using this building loan obligation now, all funds are collected, received by a contractor in the chain to the client. § 2 contains a BauFordSiG cases infringement of a regulatory offense, which essentially corresponds to the previously covered in § 5 penal provision.
Read now the entire message to JuraPortal24.de: constitutional complaint against the new version of the unsuccessful Bauforderungssicherungsgesetzes
Source: Press release of the Federal Court 03/03/2011
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