Worst case scenario: anticipating contractor insolvency - lessons from recent cases
Baker, E.
Worst case scenario: anticipating contractor insolvency - lessons from recent cases - 2004 - Construction Law Journal 20(2) 2004, 58-70(13) .
Comments on recent case law as part of the contractor insolvency process. Highlights that one of the client's main concerns, in the event of contractor insolvency, will be getting the job finished. Clauses in most UK construction and engineering contracts generally make provision for this eventuality. This often takes the form of making provision to give the employer rights over the contractor's plant, including the right to use it to complete the contract and to sell it. Problems arise if these provisions fail, as in "Coslett (Contractors) Ltd's Administrator v Bridgend BC" ([2001] UKHL 58, [2002] IAC 336). Cash-flow problems can also result when a contractor fails, as in "Actionstrength Ltd v International Glass Engineering INGL EN SpA and another" ([2003] UKHL 17, Abs66760)
COSLETT (CONTRACTORS) LTD'S ADMINISTRATOR V BRIDGEND BC
ACTIONSTRENGTH LTD V INTERNATIONAL GLASS ENGINEERING INGL EN SPA AND ANOTHER
INSOLVENCY ACT 1986
BRITISH EAGLE V AIR FRANCE
RE WILKINSON EX P FOWLER
RE TOUT AND FINCH LTD
MULLAN & SONS (CONTRACTORS) LIMITED V ROSS AND ANOTHER
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
PALMERS LTD V A B B POWER CONSTRUCTION LTD
STRATHMORE BUILDING SERVICES LTD V COLIN SCOTT GREIG
CASH FLOW
Insolvency
Worst case scenario: anticipating contractor insolvency - lessons from recent cases - 2004 - Construction Law Journal 20(2) 2004, 58-70(13) .
Comments on recent case law as part of the contractor insolvency process. Highlights that one of the client's main concerns, in the event of contractor insolvency, will be getting the job finished. Clauses in most UK construction and engineering contracts generally make provision for this eventuality. This often takes the form of making provision to give the employer rights over the contractor's plant, including the right to use it to complete the contract and to sell it. Problems arise if these provisions fail, as in "Coslett (Contractors) Ltd's Administrator v Bridgend BC" ([2001] UKHL 58, [2002] IAC 336). Cash-flow problems can also result when a contractor fails, as in "Actionstrength Ltd v International Glass Engineering INGL EN SpA and another" ([2003] UKHL 17, Abs66760)
COSLETT (CONTRACTORS) LTD'S ADMINISTRATOR V BRIDGEND BC
ACTIONSTRENGTH LTD V INTERNATIONAL GLASS ENGINEERING INGL EN SPA AND ANOTHER
INSOLVENCY ACT 1986
BRITISH EAGLE V AIR FRANCE
RE WILKINSON EX P FOWLER
RE TOUT AND FINCH LTD
MULLAN & SONS (CONTRACTORS) LIMITED V ROSS AND ANOTHER
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
PALMERS LTD V A B B POWER CONSTRUCTION LTD
STRATHMORE BUILDING SERVICES LTD V COLIN SCOTT GREIG
CASH FLOW
Insolvency