This is part 2 of our 3-part blog series. In part 1, we discussed the key signs and implications of contractor insolvency, as well as the further consequences of insolvency involving a joint venture contractor. In this part 2, we discuss the legal, commercial and other practical considerations for mitigating the impact of contractor insolvency. … Read more
In Rubicon Vantage International PTE Ltd v Krisenergy Ltd [2019] EWHC 2012 (Comm), the court determined that the fact that a parent company, and not a financial institution, issued the guarantee was no reason to limit the terms of the guarantee. The wording of the guarantee was the key consideration when determining the scope of … Read more
The decision in (1) GPP Big Field LLP and (2) GPP Langstone LLP v Solar EPC Solutions SL (formerly known as Prosolia Siglio XXI) [2018] EWHC 2866 (Comm) has applied the Supreme Court’s recast penalties test from Makdessi1. The decision is one of the few construction cases that have applied Makdessi in determining whether liquidated … Read more
