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In our first two blogs on the Corporate Insolvency and Governance Act 2020 (CIGA), we looked at how: CIGA impacts construction and engineering contracts generally; and to what extent it may affect step-in and automatic termination rights. As the first blog outlined, CIGA materially restricts a contractor or sub-contractor’s options in situations where the recipient … Read more
In our previous blog on the Corporate Insolvency and Governance Act 2020 (CIGA), Emma Schaafsma commented on various puzzles associated with the legislation. This blog picks up one specific issue: how (if at all) does CIGA impact on step-in rights? Such rights are a key part of the package required to enable projects to be … Read more
Infrastructure projects often involve a complex suite of documents which are negotiated together but each constitutes a separate binding agreement. By way of example, a project developer and a host government may sign a land lease, a construction contract and long term operating agreement. The UK’s Privy Council, which is the highest court of appeal for several … Read more
I started my legal career in the wake of Sir Michael Latham’s seminal report ‘Constructing the Team’ and the enactment of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA). So when I read section 14 of the newly enacted Corporate Insolvency and Governance Act 2020 (CIGA), which adds section 233B Protection of Supplies of … Read more
We are pleased to share the fourth episode in our Construction Law Masters podcast series in which we welcome distinguished guests from the construction industry to discuss their unique experiences and views of various aspects of construction law and practice. This episode series features Chantal-Aimée Doerries QC, Head of Atkin Chambers, who joins James Doe and … Read more
Construction and Infrastructure partners David Nitek, Nicholas Downing, Michelle Li and Hew Kian Heong have authored chapters in latest The International Comparative Legal Guide to: Construction & Engineering Law 2020. David and Nick are also contributing editors of this edition. As with previous editions, this guide provides insights into how different legal systems approach the … Read more
KCL Centre of Construction Law and Dispute Resolution in collaboration with the Academy of Experts invite you to this online conference. Thursday 10 September 2020, 09:30 – 18:00 BST About this event This conference unites the foremost international construction law practitioners from 24 leading law firms, chambers and expert consultancies, along with a number … Read more
We recently spoke with Thomas Lazur of Keating Chambers on the “prevention principle”, covering topics including: The development of the prevention principle and the concept of “time at large” Are there signs of judicial questioning of the prevention principle? The high water mark of prevention principle appears to have passed. Does this open the door … Read more
Our colleagues have published this article on the recent Supreme Court Bresco v Lonsdale decision. The decision clarifies the effect of the insolvency regime upon the construction adjudication process and will therefore be of particular interest to our Construction Notes subscribers. In summary, the Supreme Court has confirmed that an insolvent party to a construction … Read more
