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    What about employer insolvency? Escrow agreements in construction
    2020-03-02

    Insolvency in the construction industry is not just isolated to contractors, sub-contractors and consultants. Industry and economic pressures can affect all parties, including at times employers, therefore it is equally important for contractors to carry out due diligence when bidding for projects and to consider contractual mechanisms that can be put in place to protect against non-payment by the employer and insolvency risks.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Brodies LLP, General contractor, Due diligence
    Authors:
    Jane McMonagle , Harriet Rutherford
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Can an insolvent company enforce an adjudicator’s decision? Yes - in exceptional circumstances
    2020-01-28

    Are the regimes of construction adjudication and insolvency incompatible? Recent Court of Appeal authority suggested that they are, but in Meadowside Building Developments Ltd (In Liquidation) v 12-18 Hill Street Management Company Ltd [2019] EWHC (TCC), Adam Constable QC sitting as a district judge in the high court has clarified the exceptional circumstances in which a company in liquidation can enforce an adjudicator’s decision in its favour.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, BCLP
    Location:
    United Kingdom
    Firm:
    BCLP
    Management Purchase of Assets out of Insolvency Processes: Directors Retain Duties to the Creditor Body to Act in their Best Interests
    2020-01-29

    Systems Building Services Group Ltd, Re [2020] EWHC 54 (Ch)

    Liquidation is not a panacea for the relevance and application of directors' duties. A practical example of which involves a director of a company in insolvency procuring and agreeing to an off-market sale of a property to himself by a rogue IP at a price which he knew to be a significant undervalue.

    Filed under:
    United Kingdom, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Real Estate, Addleshaw Goddard LLP
    Authors:
    Fraser Ritson , Seán McGuinness
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Construction - a 2019 review, and 2020 preview
    2019-12-17

    It's been yet another busy year for construction, with BIM developments, greater use of modern methods of construction, looming Brexit, increased insolvencies, building safety progress, a brighter spotlight on diversity...    In this article, we take a look at some of the key legal changes and industry developments for the construction industry, and highlight a few things to expect in 2020.

    Legal Changes 

    Fewer disputes

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (UK) LLP, Brexit, Technology and Construction Court
    Authors:
    Simon Lewis , Michelle Essen
    Location:
    United Kingdom
    Firm:
    Womble Bond Dickinson (UK) LLP
    Annual Review 2019/2020: Is it time to release retention as we know it?
    2019-11-30

    Retentions have been a common feature in the construction industry for over 100 years, yet over the past two years there has been a growing shift in the construction industry’s views on retentions and whether reform of retention as we know it is required. Adele Parsons discusses these recent developments further.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Fenwick Elliott Solicitors, General contractor, UK House of Commons, Carillion
    Authors:
    Simon Tolson , Jeremy Glover , Adele Parsons
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    The TCC opens the door (slightly) for adjudication proceedings by companies in liquidation
    2019-11-12

    A recent TCC decision has provided further guidance on a liquidator’s options when seeking payments owed to insolvent companies through adjudication and the interplay with the Insolvency Rules. The decision establishes an exception to the general principle that such adjudication proceedings will not be enforced (and are liable to be injuncted) where the responding party has a cross-claim.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Kathryn Moffett , Matthew Taylor , Rita Lowe
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Insolvency: a high, but not absolute bar, to adjudication enforcement
    2019-11-27

    Meadowside Building, Development Ltd (In Liquidation) V 12-18 Hill Street Management Company Ltd [2019] EWHC 2651 (TCC)

    INTRODUCTION

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Brodies LLP
    Authors:
    Christopher Duff , Kirsty Shaw
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Meadowside Building Developments Ltd v 12-18 Hill Street Management Company Ltd
    2019-10-30

    [2019] EWHC 2651 (TCC)

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, High Court of Justice (England & Wales), Technology and Construction Court
    Authors:
    Jeremy Glover
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    Liquidation and Enforcement of an Adjudicator’s Decision
    2019-10-31

    Written by the construction team at Freeths LLP

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Freeths
    Authors:
    Nicola Heslop
    Location:
    United Kingdom
    Firm:
    Freeths
    Meadowside Building Developments Ltd v 12-18 Hill Street Management Company - Insolvency and Adjudication November 2019
    2019-11-11

    This decision by the TCC provides further consideration of the right of a company in liquidation to refer a dispute to adjudication. It follows the earlier Court of Appeal decision in Bresco Electrical services Limited (in liquidation) v Michael J Lonsdale (Electrical) Ltd (“Bresco”) which we considered in an article earlier this year.

    The facts

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Beale & Co, Insurance contract, Technology and Construction Court
    Authors:
    Nathan Modell
    Location:
    United Kingdom
    Firm:
    Beale & Co

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