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    Melville Dundas Ltd (in receivership) and others vs George Wimpey UK Ltd and others
    2007-11-16

    The Case

    This is the first time that the HGCRA has reached the House of Lords. The dispute here, which related to the payment part of that legislation, highlighted the tension between an employer’s payment obligations and the impact on those obligations of the contractor going into administration. Here, on 2 May 2003, Melville applied for an interim payment. No withholding notice was served. The final date for payment was 16 May 2003. Wimpey did not pay, but on 22 May 2003 administrative receivers were appointed.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, General contractor, Independent contractor, Withholding tax, Fair use, House of Lords
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    Insolvency and the construction industry
    2007-12-17

    Insolvency of a contractor or a sub-contractor during the course of a building project has the potential to incur other parties involved in the project in considerable costs.

    Here are some of the things to bear in mind in case a contractor or sub-contractor becomes insolvent.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Mills & Reeve LLP, General contractor, Subcontractor
    Location:
    United Kingdom
    Firm:
    Mills & Reeve LLP
    Employers' right to withhold sums following determination is not confined to insolvency
    2007-08-07

    Following the House of Lords' decision in Melville Dundas in April, the TCC has now decided in the case of Pierce Design v Johnston on 17 July that the case has a wide application - but unreasonable failure to pay may still be penalised.

    The decision of the House of Lords in Melville Dundas in April resolved a tension between the payment provisions of the Housing Grants, Construction and Regeneration Act 1996 ("the Act") and contractual clauses applying to payments after termination of building contracts.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Independent contractor, Withholding tax, Cashflow, Standard form contract, House of Lords, Department for Business, Enterprise and Regulatory Reform
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Housing Grants, Construction and Regeneration Act 1996
    2007-06-01

    Termination, rights to withhold payment and withholding notices under the Housing Grants, Construction and Regeneration Act 1996 Under the JCT suite of contracts, an employer is entitled to terminate the contractor’s employment where the contractor has become insolvent (including the appointment of administrative receivers in relation to the contractor). If an employer exercises this right of termination, the JCT provisions set out the resulting financial consequences.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, General contractor, Independent contractor, Design, Majority opinion, House of Lords
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Florida Bridge Collapse Resolution Offers Workaround for Multiple Claimant Scenarios
    2019-11-19

    A recent bankruptcy plan filed by Munilla Construction Management (MCM)–the general contractor for the failed pedestrian bridge at Florida International University (FIU)–paves the way for judicially recognized interpleader-type scenarios allowing insurers to resolve multiple-claimant incidents where there may be insufficient policy limits. On November 15, 2018, the Southern District of Florida Bankruptcy Court agreed to expedite a process that would allow victims of the pedestrian bridge collapse to start receiving compensation payouts following the creation of a victim’s fund.

    Filed under:
    USA, Florida, Construction, Insolvency & Restructuring, Insurance, Litigation, Goldberg Segalla LLP, Bankruptcy, General contractor
    Authors:
    Dustin C. Blumenthal
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Imposing a Constructive Trust in Bankruptcy Cases: Federal Common Law Triumphs!
    2018-03-27

    When creditors are left holding the bag after providing valuable goods or services to a company that files for bankruptcy relief, they often feel misused and that an injustice has occurred. After all, they are legitimately owed money for their work or their product, and the debtor has in effect been unjustly enriched because it received something for nothing. Unsecured creditors do not have recourse to collateral, and typically have to wait in line to receive cents on the dollar.

    Filed under:
    USA, Delaware, Construction, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Projects & Procurement, Squire Patton Boggs, US Department of Energy, US District Court for District of Delaware
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Bankruptcy and Construction Junction: Making Your Texas Mechanic’s Lien Function Better in Bankruptcy
    2017-11-29

    In order to secure a real property owner’s payment obligation, contractors, mechanics, materialmen, and other workmen are often granted a lien referred to by a variety of names including, materialmen’s liens, workmen’s liens, and mechanic’s liens. While the parlance varies by jurisdiction, they are generally referred to as mechanic’s liens in Texas—even in the context of real property.

    Filed under:
    USA, Texas, Construction, Insolvency & Restructuring, Cole Schotz PC
    Authors:
    Benjamin Wallen
    Location:
    USA
    Firm:
    Cole Schotz PC
    Bankruptcy Court Holds That “Economic Waste” Doctrine, as Adopted in Wisconsin, Prevented Owner From Recovering Costs to Repair Defectively Designed Digester and Awards No Damages, Even Though the Digester Was Not Designed to the Applicable Code
    2017-10-26

    WTE-S&S AG Enters., LLC v. GHD, Inc., 2017 Bankr. LEXIS 2343 (Bankr. N. D. Ill. August 18, 2017)

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Troutman Pepper, United States bankruptcy court
    Authors:
    Robert A. Gallagher
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction Legal Edge - Summer 2017
    2017-06-30

    CONSTRUCTION LEGAL EDGE This newsletter is informational only and should not be construed as legal advice. 2017, Pietragallo Gordon Alfano Bosick & Raspanti, LLP. All rights reserved. SUMMER 2017

    ARTICLES CONTAINED IN THIS ISSUE OF THE CLE: 1 3D Printing is Changing Construction 2 Attack of the Drones: Are You Insured? 3 Third Circuit Cautions Contractors about the Scope of the

    Bankruptcy Automatic Stay 4 Avoiding Liability for Injuries to Downstream Employees through

    Filed under:
    USA, Aviation, Construction, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Pietragallo Gordon Alfano Bosick & Raspanti LLP, Federal Aviation Administration
    Location:
    USA
    Firm:
    Pietragallo Gordon Alfano Bosick & Raspanti LLP
    Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic Stay Provision of the Bankruptcy Code
    2017-05-25

    In re: Linear Electric Co., Inc., No. 16-1477, 2017 U.S. App. Lexis 5527 (3d Cir., March 30, 2017)

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, General contractor, Subcontractor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Luke Nicholas Eaton
    Location:
    USA
    Firm:
    Troutman Pepper

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