Produced in association with 4 Pump Court This Practice Note considers the possibility of using insolvency proceedings to enforce an adjudicator’s decision. For guidance...
Produced in association with 4 Pump Court This Practice Note looks at preventing enforcement of an adjudication decision by obtaining a stay of execution. If a stay is...
Administration is a procedure designed to give an entity breathing space, with a view to either a rescue or a restructure or to allow for a better outcome for all...
A company voluntary arrangement (CVA) is a binding contractual agreement between a company and its creditors. A CVA proposal must involve one or both of two things: • an...
Spotting the early symptoms of client insolvency • most importantly, a consultant needs to keep alert to the client's financial status • the consultant should take heed...
Spotting the early symptoms of employer insolvency • most importantly, a contractor needs to keep alert to the employer's financial status • the contractor should take...
This Practice Note is intended to provide advice to employers on how to spot problems with insolvent contractors and how the employer can take steps to protect itself in...
This Practice Note is intended to provide advice to sub-contractors on how to spot problems with insolvent contractors and how the sub-contractor can take steps to...
This Practice Note considers the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010) and the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A...
Produced in partnership with Mills & Reeve LLP This Deed of novation is made on the [insert day] day of [insert month] 20[insert year] Parties 1 [insert name of company]...
Option 1—contract signed by administrative receiver on behalf of the company Signed by [insert name of administrative receiver], administrative receiver, for and on...
Option 1—deed executed by administrative receiver under the company’s common seal Executed as a deed by [insert name of company] acting by [insert name of administrative...
Option 1—contract signed by administrator on behalf of the company Signed by [insert name of administrator], administrator (without personal liability), for and on behalf...
Option 1—deed executed by administrator under the company’s common seal Executed as a deed by affixing the common seal of[insert name of company] (in administration)...
Option 1—contract signed by liquidator on behalf of the company Signed by [insert name of liquidator], liquidator (without personal liability), for and on behalf of...
Option 1—deed executed by liquidator under the company’s common seal Executed as a deed by [insert name of company] (in liquidation) acting by [insert name of...
STOP PRESS: We are updating this Practice Note in light of Bresco v Lonsdale [2020] UKSC 25, in which the Supreme Court rejected the Court of Appeal’s view that...
Letter for employer to send to construction/design team in the event of a design consultant becoming insolvent [[Employer’s headed notepaper] OR [Employer’s address]]...
Letter for employer to send to construction/design team in the event of main contractor insolvency [[Employer’s headed notepaper] OR [Employer’s address]] [contact name,...
Letter for sub-contractor to send to employer in the event of main contractor insolvency [[Sub-contractor’s headed notepaper] OR [Sub-contractor’s address]] [contact...
Letter prior to service of statutory demand and/or winding up proceedings [contact name, job title and department] [name of company] [address] [Your reference] [Our...
Process and effect 'Liquidation' or 'winding-up' is the process by which the affairs of a company and the company’s existence are brought to an end. When a company is...
This Practice Note considers whether a receiver may carry out building works and in particular whether the receiver may complete a development which is unfinished at the...
The appointment of a receiver is a remedy for creditors and certain third parties to protect their interest in assets of a company. The creditor will typically be a...
Most companies supplying materials or goods within the construction industry do so using standard written terms and conditions. These terms will normally include a...
Stop press: We are reviewing this Practice Note in light of the change to the use of termination clauses in supply contracts introduced by the Corporate Insolvency and...
Termination upon consultant’s insolvency 1 The Employer may terminate the Consultant’s appointment forthwith where the Consultant ceases to carry on business or is...