With the country in the midst of the worse economic decline for decades, insolvency is often in the headlines. The construction industry has seen more than its fair share of insolvencies, with a number of high profile companies falling victim to the recession. We have seen some big names disappear (David McLean, Mann Construction, Pettifer Construction to name but a few). Most recently, Ashford Construction and William Verry both went into administration. Experts predict that, as with the recession in the 1990s, things will get worse before they get better, as the country comes out of recession. Continue reading
Consultation on business rescue procedures
One nil to the sub-contractor
The third party insolvency exception to pay-when-paid clauses is a contraversial one. Many will say that is a shame that the Government did not take more notice of the industry and removed this exception when it published its proposed amendments to the Construction Act 1996 at the end of last year. Continue reading
You would be amazed by the number of cases I come across where otherwise sane and rational people agree to employ a builder to carry out major and expensive works to their home on the basis of little or no formal record of:
- What is to be done.
- Who is to do it.
- How much it will all cost.
- Who is to be responsible for what. Continue reading
ODA reports early Olympic successes
In July 2008, the Olympic Delivery Authority (ODA) committed itself to achieving ten key milestones by 27 July 2009. (The Olympics will start on 27 July 2012.) According to its recent publication, the ODA has achieved all ten milestones ahead of schedule. Continue reading
My heart sank when I read the judgment in Primus v Pompey. It’s a case that all adjudicators should read and take note of. Continue reading
Defective work in construction projects
We recently attended a seminar at Pinsent Masons’ offices, presented by Sam Boyling and James Clarke. The topic was defective work; something that is all too familiar to those involved in the construction industry. Defects can range from de minimis items often included in a snagging list at practical completion (PC), to undetected problems, such as issues with the design of foundations, which may compromise the structural integrity of a building.