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    Financial requirements not a silver bullet to cure insolvency in the construction industry.
    2020-05-17

    While I am a supporter of the Minimum Financial Requirements (MFR) for contractor licensing, I have also previously pointed out their limitations.

    Filed under:
    Australia, Queensland, Construction, Insolvency & Restructuring, Helix Legal, General contractor, Coronavirus, European Securities and Markets Authority, Corporations Act 2001 (Australia)
    Authors:
    Michael Chesterman
    Location:
    Australia
    Firm:
    Helix Legal
    Insolvency and adjudication - a relationship likely to survive lockdown?
    2020-05-08

    Many things have changed during the Covid-19 lockdown. Additional time with family and time to catch up with things I wouldn’t otherwise have had time to do are two of the main benefits I have enjoyed. Being a rather boring lawyer, one guilty pleasure I have indulged in is watching transmissions of Supreme Court hearings.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, Brexit, General contractor, Coronavirus, UK Supreme Court
    Authors:
    Andrew Davies
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    Have you rescinded an agreement due to untimely payment of remuneration? You will not calculate liquidated damages on such account
    2020-05-06

    In accordance with the resolution adopted by the seven-judge panel of the Supreme Court dated 20 November 2019, case file no. III CZP 3/19, it is not admissible to stipulate liquidated damages in the case of rescinding an agreement due to the failure to perform an obligation of a pecuniary nature.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, General contractor, Coronavirus
    Authors:
    Marcin Zbytniewski , Maciej Kurowski
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Do We Still Need Retainage?
    2020-04-27

    There have been debates for years about the pros and cons of owners withholding retainage (usually 5% or 10%, depending on each state’s retainage laws or local “industry standard”) from prime contractors. Typically, the primes will, in turn, withhold retainage from all subcontractors. However, in these crazy times, when the future of private and public projects is unknown and profit margins are in question, it might be a good time to revisit this issue.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Projects & Procurement, Public, Bradley Arant Boult Cummings LLP, General contractor
    Authors:
    David K. Taylor
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Things to check when dusting off that Guarantee
    2020-04-20

    It is perhaps an inevitable result of the current global pandemic that employers, main contractors and subcontractors alike will be dusting down the guarantees they have been given, or provided to others, in respect of their ongoing projects. For those who have been given them they need to establish what security those guarantees actually provide and, perhaps as importantly, how quickly they will pay out.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, General contractor, Coronavirus
    Authors:
    Claire King
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    Licensing can assist contractors survive this recession
    2020-04-17

    However, for this to happen it will require the licensing regime to embrace new thinking.

    For several years I have been advocating for unique thinking to apply in respect of how the licensing regime should address situations where contractors are experiencing financial distress or are insolvent.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Helix Legal, General contractor, Safe harbor (law), Coronavirus
    Authors:
    Michael Chesterman
    Location:
    Australia
    Firm:
    Helix Legal
    ‘Back to basics’ adjudication for an economy in hibernation.
    2020-04-09

    There is no bigger fan of adjudication than me. While not perfect, I nevertheless believe that adjudication has changed the construction industry for the better since its inception in 2004.

    Filed under:
    Australia, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Helix Legal, General contractor, Coronavirus, Commercial tenant
    Authors:
    Michael Chesterman
    Location:
    Australia
    Firm:
    Helix Legal
    Economy in recession will cause major insolvency issues for the construction industry
    2020-04-15

    The impact of the COVID-19 crisis and the health-related measures implemented by the government to contain the spread of this deadly virus will unfortunately result in the economy going into recession.

    In an article in the Financial Review, the results of a survey of economists revealed that even taking into account all the government’s stimulus and job-saving measures, the Australian economy will be in recession until June 2021.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Helix Legal, General contractor, Coronavirus
    Authors:
    Michael Chesterman
    Location:
    Australia
    Firm:
    Helix Legal
    Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?
    2020-06-01

    Seyfarth Synopsis: In acquiring a company in bankruptcy, there is often a tendency to think this guarantees the purchaser will be “free and clear” of any liability (including so-called “successor liability”). This is not necessarily so with wage and hour liability, particularly if the purchaser merely continues to operate virtually the same business that was acquired.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Seyfarth Shaw LLP, General contractor, Due diligence, Coronavirus, Fair Labor Standards Act 1938 (USA), Title 11 of the US Code
    Authors:
    John G. Yslas , Phillip J. Ebsworth
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    The Aquadis case: Québec Court of Appeal confirms the broad powers of the CCAA monitor
    2020-06-02

    On May 21, 2020, the Québec Court of Appeal (QCA) released its reasons in Arrangement relatif à 9323-7055 Québec inc. (Aquadis International Inc.)[1](the Aquadis case).

    Filed under:
    Canada, Ontario, Quebec, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, General contractor
    Authors:
    Ilia Kravtsov , Cristina Cosneanu , Sandra Abitan
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP

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