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Worst case scenario: anticipating contractor insolvency - lessons from recent cases

By: Contributor(s): Series: Construction Law Journal ; 20(2) 2004, 58-70(13)Publication details: 2004Subject(s): Summary: 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)
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67687 (Browse shelf(Opens below)) 1 Available 126057-1001

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)