2016-07-01

Legal construction hypothec and bankrupt owner

Silhouette of three roofers (workers on a roof) Articles in this section are of general information and in every situation are subject to the application and interpretation of a law, rule or factual situation that may differ. Consult us for any specific question.

We have already written about the legal mortgage of construction in past articles. It is a valuable tool for stakeholders in the construction field, given the frequent commercial insolvencies.  
 
Know that your legal hypothec will not be affected by the building owner’s bankruptcy. Indeed, if the building owner files for bankruptcy, the legal construction hypothec will be considered a secured debt.
 
This does not prevent, however, the possible customary debates on the validity of the guarantee (compliance with deadlines, the added value of the works, etc.). Anyone interested, including the trustee in bankruptcy, can always question your hypothec, regardless of the bankruptcy.
 
Do not hesitate to exercise your right to register a legal construction hypothec within the prescribed time limit, consult your lawyer.