Bad Bramstedt. At the request of the FDP, supported by the CDU and the Greens, the Bad Bramstedt main committee met with a shortened notice period. The three parties wanted information from the insolvency administrator about how the remaining work on the Whirlwind daycare center would continue. But the insolvency administrator of the property developer Hesta-Haus, the Hamburg lawyer Marc-André Borchert, refused to appear in writing to the city.
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However, the city’s lawyer, Christian Kuhlmann, was present. He advised completing the purchase of the daycare center despite the work still missing.
Apart from installation work, no work has been carried out on the Whirlwind daycare center since the summer. Among other things, the arcade is still missing and the outdoor facilities including the playground are not finished either.
The construction company TSJ Stapelfeldt from Bad Bramstedt, which built the daycare center on behalf of the developer Hesta-Haus, estimates the value of the remaining work at around 360,000 euros. However, TSJ itself is bankrupt, so it is unclear whether the company can even carry out the work. The city will probably have to pay the sum in addition to the purchase price of 5.5 million euros.
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Bad Bramstedt should become the owner of the Whirlwind daycare center as quickly as possible
Attorney Kuhlmann advised the city to negotiate with the insolvency administrator about transferring ownership of the daycare center to the city, even if the remaining work has not yet been completed. So far there is only a declaration of conveyance in the land register, which states that the daycare center will become the property of the city as soon as the full purchase price has been paid.
However, the city has still withheld 85,000 euros. If the city is registered as the owner in the land register, it can assert the outstanding work as a warranty claim, explained the building law expert. However, this calculation only works if there is enough insolvency assets at Hesta-Haus to be able to settle such claims. That’s not very likely.
The main committee decided to commission an expert. He should determine how expensive the remaining work will be. Then, following the lawyer’s advice, you should negotiate with the insolvency administrator about transferring ownership as quickly as possible. The city then wants to commission the missing work itself.
Lawyer for Kita Whirlwind: Everything will probably turn out relatively well
Attorney Kuhlmann believes it is very unlikely that the Whirlwind daycare center will be absorbed into the bankruptcy estate and will not become the property of the city at all. “The transfer in the land register forces the insolvency administrator to make a transfer,” explained the expert. “Borchert has also signaled that he wants to complete the construction project. Everything will probably go relatively well.”
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The CDU, FDP and Greens also wanted to use the emergency meeting to clarify whether they could hold Mayor Verena Jeske (independent) personally liable for the possible damage. They had already been dismissed by the district administrator and public prosecutor with a disciplinary report and a criminal complaint.
Personal liability probably won’t work either. Attorney Kuhlmann: “I see no evidence to hold anyone liable.” However, he also said about the contractual structure with Hesta-Haus: “That is pretty much the riskiest thing you can do.”
CDU parliamentary group member Knut Hamann then also wanted to hear that the managing director of the construction company TSJ was in prison, whereupon citizen leader Annegret Mißfeldt (CDU) reprimanded him: “That doesn’t belong here.”
It’s apparently just a rumor, like so many things surrounding the conflict-ridden construction of this daycare center. When asked by the Segeberger Zeitung, the Kiel public prosecutor’s office said it had not filed an arrest warrant against the managing director. However, there is an investigation. The accusation: TSJ is said to have not paid social security contributions that were deducted from employees’ wages to the social security system.
KN
