Insolvency in construction

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Latest Construction News

The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

The following Construction news provides comprehensive and up to date legal information on The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

Construction weekly highlights—29 July 2021

The following Construction news provides comprehensive and up to date legal information on Construction weekly highlights—29 July 2021

Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

The following Construction news provides comprehensive and up to date legal information on Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

The following Commercial news provides comprehensive and up to date legal information on Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Featured Construction content

Defects liability period and rectification of defects

Defects liability period and rectification of defectsIt is common in construction projects for defects to manifest or appear in the works. Most...

Escrow accounts and escrow agreements

Escrow accounts and escrow agreementsThis Practice Note examines why parties involved in a construction project may enter into an escrow agreement (or...

Traditional procurement of construction contracts

Traditional procurement of construction contractsThis Practice Note provides a basic explanation of traditional procurement in construction. It looks...

Repair and maintenance contracts

Repair and maintenance contractsThis Practice Note looks at the nature of repair and maintenance contracts, how they are used and the different types...

Q&As

What is the Joint Fire Code referred to in JCT contracts and when does it apply?

What is the Joint Fire Code referred to in JCT contracts and when does it apply?The publication known as the ‘Joint Fire Code’ provides guidance on...

19th May

Practice notes

Quantum in construction claims

Quantum in construction claimsThis Practice Note looks at some of the key considerations that may need to be taken into account when a party to a...

19th May

Practice notes

Schedules of services

Schedules of servicesThis Practice Note examines the purpose and content of the schedule of services that will usually be appended to a consultant’s...

19th May

Practice notes

Adjudication and Part 8 proceedings

Adjudication and Part 8 proceedingsThis Practice Note considers the availability and use of declarations under CPR 8 in relation to adjudication...

Produced in partnership with 4 Pump Court 19th May

Practice notes

Step-in rights in a collateral warranty

Step-in rights in a warranty'>collateral warrantyIt is standard practice in construction projects for the contractor, key sub-contractors and...

19th May

Practice notes

Construction contract documents

Construction contract documentsIn most cases, a construction contract will incorporate a number of documents that all work together to set out the...

19th May

Practice notes

NEC and JCT contracts compared

NEC and JCT contracts comparedThis Practice Note examines some of the key areas where the NEC3 and NEC4 standard form construction contracts take a...

19th May

Practice notes

What is a variation on a construction project?

What is a variation on a construction project?A variation (sometimes referred to as a change) is an alteration to the scope of work originally...

19th May

Practice notes

Target cost contracts on construction projects

Target cost contracts on construction projectsWhat is a target cost contract?A target cost contract is a type of cost reimbursable contract under...

19th May

Practice notes

Oversail licences

Oversail licencesWhy have an oversail licence on a construction project?Under English law, the freehold owner of land will usually own the air space...

19th May

Practice notes

Loss and expense

Loss and expenseClaims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and...

19th May

In-house

Practice notes

MF/1 Rev 6 (2014)

MF/1 Rev 6 (2014)Originally called 'Model Form A', 'MF/1' comprises Conditions of Contract for the design, supply and installation of electrical,...

Produced in partnership with Penningtons Manches and Sarah Fox 19th May

In-house

Practice notes

Sectional completion

Sectional completionWhat is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at...

19th May

Practice notes

The Scheme for Construction Contracts

The Scheme for Construction Contracts This Practice Note looks at the Scheme for Construction Contracts, as contained in:•the schedule to the Scheme...

19th May

Practice notes

Duty to warn

Duty to warnThis Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of...

19th May

Practice notes

JCT contracts 2011—reference copies

JCT contracts 2011—reference copiesThis document contains quick links to searchable PDF copies of the JCT 2011 standard form contracts. For our full...

19th May

In-house

Most recent Insolvency in construction content

Q&As

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the action even though it is subject to an enforced award and liability has therefore crystallised? If so, should proceedings be brought in the client's name or the name of the dissolved company?

If an insured company against which an adjudication award has been obtained is dissolved, must that company be restored to the register to pursue the...

31st Jul

Q&As

Is it permissible for a creditor to make an application to court for permission to issue proceedings against a company in a company voluntary arrangement? If so, under what provision?

Is it permissible for a creditor to make an application to court for permission to issue proceedings against a company in a company voluntary...

31st Jul

Q&As

A developer goes into administration, leaving a number of plots unbuilt. The developer had taken deposits from individual buyers in respect of those plots. Can the plot buyers recover the deposits?

A developer goes into administration, leaving a number of plots unbuilt. The developer had taken deposits from individual buyers in respect of those...

31st Jul

Q&As

If a contractor is insolvent, can its sub-contractor claim outstanding payments directly from the employer?

If a contractor is insolvent, can its sub-contractor claim outstanding payments directly from the employer?If the main contractor becomes insolvent,...

31st Jul

Q&As

Can a company in administration adjudicate against a company in liquidation under a construction contract?

Can a company in administration adjudicate against a company in liquidation under a construction contract?There are several key areas to consider—the...

31st Jul

Q&As

Does section 233B of the Insolvency Act 1986 prevent a supplier from calling on a parent company guarantee (or other security) which is triggered by the insolvency of a customer?

Does section 233B of the Insolvency Act 1986 prevent a supplier from calling on a parent company guarantee (or other security) which is triggered by...

Produced in partnership with Ryan Hocking of Hardwicke Chambers 31st Jul

Q&As

If a contracting party enters administration, does this impact the ability of the other contracting party to exercise its right of termination under the contract in such circumstances?

If a contracting party enters administration, does this impact the ability of the other contracting party to exercise its right of termination under...

31st Jul

Q&As

What is the impact of section 233B of the Insolvency Act 1986 on a supplier or customer based in the UK where the supply contract is not governed by English law?

What is the impact of section 233B of the Insolvency Act 1986 on a supplier or customer based in the UK where the supply contract is not governed by...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 31st Jul

Practice notes

Administration—an introductory guide

Administration—an introductory guideAdministration is a procedure designed to give an entity breathing space, with a view to either a rescue or a...

31st Jul

Practice notes

Company voluntary arrangements—an introductory guide

Company voluntary arrangements—an introductory guideA company voluntary arrangement (CVA) is a binding contractual agreement between a company and its...

31st Jul

Practice notes

Corporate Insolvency and Governance Act 2020—moratorium

Corporate Insolvency and Governance Act 2020—moratoriumThe Corporate Insolvency and Governance Act (CIGA 2020) inserted Part A1 into the Insolvency...

31st Jul

COVID-19

Practice notes

Guide to insolvency in the construction industry

Guide to insolvency in the construction industryThis Practice Note considers common issues that may arise out of insolvency in the construction...

Produced in partnership with Gurbinder Grewal of Dentons, Ian Fox of Dentons and Michael Wright of Dentons 31st Jul

Practice notes

Liquidation—an introductory guide

Liquidation—an introductory guideProcess and effect'Liquidation' or 'winding-up' is the process by which the affairs of a company and the company’s...

31st Jul

Practice notes

Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clauses

Corporate Insolvency and Governance Act 2020—restrictions on ipso facto clausesBackground to the Corporate Insolvency and Governance Act 2020 (CIGA...

31st Jul

COVID-19

Practice notes

Receivers—building works and completion of developments

Receivers—building works and completion of developmentsThis Practice Note considers whether a receiver may carry out building works and in particular...

Produced in partnership with Jonathan Titmuss of Gatehouse Chambers 31st Jul

Practice notes

Receivership—an introductory guide

Receivership—an introductory guideThe appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in...

30th Jul

Precedents

Letter from sub-contractor to employer where main contractor insolvent

Letter from sub-contractor to employer where main contractor insolventLetter for sub-contractor to send to employer in the event of main contractor...

30th Jul

Practice notes

Construction insolvency—how to spot problems and how to protect yourself—employers

Construction insolvency—how to spot problems and how to protect yourself—employersThis Practice Note is intended to provide advice to employers on how...

Produced in partnership with CMS 30th Jul

Practice notes

Construction insolvency—how to spot problems and how to protect yourself—consultants

Construction insolvency—how to spot problems and how to protect yourself—consultantsSpotting the early symptoms of client insolvency•most importantly,...

Produced in partnership with CMS 30th Jul

Practice notes

Adjudication enforcement—use of insolvency proceedings

Adjudication enforcement—use of insolvency proceedingsProduced in association with 4 Pump CourtThis Practice Note considers the possibility of using...

30th Jul

Insolvency in construction

View Construction by content type:

Latest Construction News

The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)

Construction weekly highlights—29 July 2021

Amendments when limitation is an issue—the court’s approach (D R Jones Yeovil Ltd v Drayton Beaumont Services Ltd)

Claim struck out for lack of valid assignment of JCT Contract (Aviva v Shepherd Construction Ltd)

Featured Construction content

Defects liability period and rectification of defects

Escrow accounts and escrow agreements

Traditional procurement of construction contracts

Repair and maintenance contracts

Most recent Insolvency in construction content

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Entrapment

Claiming negligent misrepresentation or negligent misstatement—practical considerations

Reserved judgments

Mortgagees and tenants

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