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The insolvency scandal

By: Series: Construction News ; (6840) 30 October 2003, 57(1)Publication details: 2003Subject(s): Summary: Looks at how subcontractors can be affected when firms further along the process become insolvent. Reviews how the Enterprise Act 2002 has sought to encourage administration as a solution, but points out that delays mean that smaller firms still cannot protect themselves against ruin. Suggests the idea of establishing trust funds, as outlined in the Latham report "Constructing the team" (ISBN 011752994X), should be re-examined. Proposes the pay-if-paid exemption in the Housing Grants, Construction and Regeneration Act 1996 s113 should be removed, as it allows further payment delays. Concludes the foreign model of jurisdictions which have legislation specific to construction may provide better protection from insolvencies.
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Journal article London Journal article ABS67242 (Browse shelf(Opens below)) 1 Available 124313-1001

Looks at how subcontractors can be affected when firms further along the process become insolvent. Reviews how the Enterprise Act 2002 has sought to encourage administration as a solution, but points out that delays mean that smaller firms still cannot protect themselves against ruin. Suggests the idea of establishing trust funds, as outlined in the Latham report "Constructing the team" (ISBN 011752994X), should be re-examined. Proposes the pay-if-paid exemption in the Housing Grants, Construction and Regeneration Act 1996 s113 should be removed, as it allows further payment delays. Concludes the foreign model of jurisdictions which have legislation specific to construction may provide better protection from insolvencies.