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    Head contractor insolvency - protecting supply chain payments in construction projects using project bank accounts
    2012-05-21

    In a tough economic climate, the construction industry faces numerous challenges including managing adequate cash flows to ensure timely payments to subcontractors and suppliers occur. Over the last 6 months, a number of mid-tier builders have encountered severe financial challenges with several going into some form of insolvent external administration.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Projects & Procurement, Corrs Chambers Westgarth, General contractor, Supply chain, Subcontractor
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Trades the winners in 5 panel decision of the Court of Appeal confirming Section 9 Trusts survive insolvency
    2020-04-14

    On March 11, 2020, the Court of Appeal for Ontario released its decision in Urbancorp Cumberland 2 GP Inc. (Re) 2020 ONCA 197 (“Urbancorp”), stating that a s.9(1) trust under Ontario’s Construction Act R.S.O. 1990, c. C.30 (“CA” or the “Act”) can be effective in insolvency proceedings under the federal Companies’ Creditors Arrangement Act R.S.C. 1085, c. C-36 (“CCAA”).

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Miller Thomson LLP, General contractor
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Five Cases to Watch at the Supreme Court of Canada this Winter
    2020-01-21

    The Supreme Court this winter will hear (and in one case, has heard and determined) high-profile appeals involving federal and provincial government powers, corporate rights under the Charter of Rights and Freedoms, and two complex commercial appeals.

    The Court is also expected to release several decisions on contract law in 2020 that will have significant implications for businesses.

    Appeal Heard and Decided

    Filed under:
    Canada, Ontario, British Columbia, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Bennett Jones LLP, General contractor, Greenhouse gas
    Authors:
    Ethan Z. Schiff
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Direct deeds – not the protection expected
    2015-10-21

    ​Direct deeds provide limited protection for contractors.

    This is the effect of the judgment arising from what is believed to be the first use of the voidable transactions regime to challenge a payment made under a direct deed.

    What are direct deeds?

    Filed under:
    New Zealand, Construction, Insolvency & Restructuring, Litigation, Chapman Tripp, General contractor
    Authors:
    Cathryn Barber , Michael Arthur , Hamish Bolland
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Issues You May Face Update From the Insolvency Team in Poland
    2020-03-26

    With respect to the dynamic course of events regarding the coronavirus disease 2019 (COVID-19), commonly known as the "coronavirus", we address the threat of insolvency of Polish companies and related liability of the statutory bodies (management board members), and provide a list of practical mitigating steps.

    Insolvency Test of Your Company

    Pursuant to the Polish bankruptcy law, the company is insolvent if: a. It is not able to pay its liabilities when they fall due and if the

    Filed under:
    Poland, Insolvency & Restructuring, Squire Patton Boggs, General contractor, Board of directors, Coronavirus
    Location:
    Poland
    Firm:
    Squire Patton Boggs
    The construction industry, insolvency and directors’ liabilities
    2019-06-03

    A Singaporean construction company in liquidation has successfully sued one of its former directors for failing to act in the best interests of the company, highlighting the importance of directors being aware of, and protecting against, potential personal liability for breach of duty.

    Directors’ liability – the risk

    Filed under:
    Singapore, United Kingdom, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, White & Case, General contractor
    Authors:
    Richard Hill
    Location:
    Singapore, United Kingdom
    Firm:
    White & Case
    Builders’ Lien Act trust survives challenge
    2015-07-20

    ​Iona Contractors Ltd. v. Guarantee Company of North America

    The Alberta Court of Appeal released its much anticipated decision addressing the interaction between the trust provisions of the Builders’ Lien Act (“BLA”) and the Bankruptcy and Insolvency Act (“BIA”) in Iona Contractors Ltd. v Guarantee Company of North America, 2015 ABCA 240 on July 16, 2015.

    Filed under:
    Canada, Alberta, Construction, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, General contractor, Court of Appeal of Alberta
    Authors:
    James W. Maclellan
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    The “hardship fund” in CCAA proceedings
    2009-04-29

    In Re EarthFirst Canada Inc., Justice Romaine had to consider establishing a “hardship fund” that would be used to allow EarthFirst Canada Inc. (“EarthFirst”) to pay pre-filing obligations owing to certain suppliers and contractors operating in a remote community where EarthFirst is developing a wind farm project.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, General contractor, Renewable energy, Option (finance), Debt, Supply chain, Wind power, Wind farm, Precondition
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    Construction Update: Another Hurdle for Owners’ Management Companies in Litigation
    2019-05-30

    It is now well documented that many owners’ management companies are facing the prospect of litigating to recover the cost of remedial works for defective developments or passing the cost onto the owners themselves. Given the passage of time since the construction of the developments and the insolvency of many of the developers and contractors involved in those projects following the financial crisis, management companies often face an uphill battle to recover damages.

    Filed under:
    Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, General contractor
    Authors:
    Padraig Godfrey
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    Enforcement over build outs
    2010-11-15

    In this recession like no other, enforcement over complete and incomplete residential and other property developments is a common scenario faced by both bank and Insolvency Practitioner alike. The dilemma initially appears quite stark; Should the bank advance further monies to complete out developments in order to maximise realisations or sell the site "as is" to another developer but at a significantly discounted price? The purpose of this article is to consider the issues which warrant consideration before devising an enforcement strategy in relation to incomplete developments.

    Filed under:
    Ireland, Banking, Construction, Insolvency & Restructuring, A&L Goodbody, Bankruptcy, Debtor, Collateral (finance), General contractor, Consideration, Liquidation
    Authors:
    Michael Neill , David Baxter , Mark Traynor
    Location:
    Ireland
    Firm:
    A&L Goodbody

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