Can anyone offer advice on the following:
Under MUD there is a requirement on all developers to complete the development to specification and according to Building, Fire Health & Safety Regs etc. Where a developer is in receivership and matters on site have not been completed does the Receiver have to fulfill the contract of the developer before disbursing monies to secured creditors?
Given that in many of these cases there are realisable assets to fund the completion of common areas so my hope is that in these cases the contract to build and complete the development to specification takes priority over paying secured creditors from the proceeds of assets. If it does not, it may result in serious compliance matters (Building Regs, Health & Safety etc) for the Owners Management Company to address under MUD or other legislation-which it may not have the financial means to undertake.