Insolvency continues to stalk the construction sector. In this webinar we will take you through the typical insolvency scenarios, where either a main contractor or sub-contractor enters insolvency. We will consider the contractual position, and what steps can and should be taken to reduce the employer’s exposure.
In particular, we will address the following issues:
- Typical signs of impending insolvency – and how to read them.
- Managing the ‘twilight period’ where insolvency is inevitable but has not formally occurred.
- Claims arising from main contractor insolvency and sub-contractor insolvency.
- Preparing for insolvency and the steps you need to take immediately upon it occurring.
- The longer game – claims for unfixed materials and plant.
- Dealing with the administrator or liquidator.
- Claims against third parties: bonds, guarantees & insolvency cover.
- Completing the Works.
Speakers:
Mark London, Partner and Head of Construction, Engineering and Procurement Team
Mark is Senior Partner at Devonshires and heads up our Construction, Engineering and Procurement team. The team is made up of over 30 specialist construction lawyers carrying out work across a diverse range of sectors within the industry. Their clients include registered providers of social housing, local authorities, developers, sub-contractors and private individuals. The team operate from offices in London, Leeds, and Colchester.
Mark specialises in dispute resolution work which involves litigation in the Technology and Construction Court, adjudication and arbitration. This work covers all aspects of construction and asset management. Mark also advises clients on all aspects of European procurement law and regularly act for contracting authorities and economic operators in procurement disputes.
Sasha Pirbhai, Partner, Construction
Sasha is a Partner in our Construction team, specialising in non- contentious construction law. Sasha joined the team in October 2020, having previously qualified into Fladgate’s non-contentious construction team.
She has 8 years’ extensive experience advising on high-value transactional matters, in both commercial and residential developments and provides strategic advice to clients from pre-planning through to project completion. Her experience includes drafting and negotiating a wide range of standard form and bespoke construction documentation including building contracts, consultant appointments, performance bonds and parent company guarantees.
Sasha regularly advises developer borrowers and is experienced working on projects supported by institutional lenders (including Lloyds Bank, Barclays Bank, Octopus, Wells Fargo and UBS), engaging in tri-partite negotiation between developer, funder and construction professional to produce “bankable” construction contracts, as well as advising on the development aspects of the loan agreement.
William O’Brien, Associate, Construction
William specialises in the resolution of disputes and the conduct of civil litigation. He joined the Construction, Engineering & Procurement team in July 2020 having trained at the firm and qualifying into its Litigation & Dispute Resolution department. He has a broad range of experience of bringing and defending claims, as well as advising clients where disputes are anticipated in the future and how to avoid them. He acts for companies, social housing providers and private individuals.
