Construction Insolvency - The Impact of CIGA & Role of Adjudication

Introduction

The construction and insolvency arenas have both seen significant changes throughout the tumultuous last few years.

To note but a few: the introduction of the Corporate Insolvency Governance Act 2020 which has introduced two completely new insolvency procedures in the form of the Part A1 moratorium and the restructuring plan and prohibitions on termination clauses in supply contracts and the Supreme Court’s decision in Bresco Electrical Services Ltd v Michael J Lonsdale considering the compatibility between the insolvency and adjudication regimes and the case law following.

Formal insolvencies in the construction industry were low compared to the levels pre-pandemic but that number is now back on the rise since the Government’s financial assistance and restrictions on winding up have come to an end.

It is therefore increasingly important to be aware of options when faced with an insolvent contractor or insolvent employer.

This short new webinar will cover some of the aspects of the interplay between construction and insolvency law.

It is intended for lawyers, or financial or insolvency professionals who may find themselves having to deal with an insolvent contractor or employer.

What You Will Learn

This webinar will cover the following:

• The impact of CIGA:
• The Part A1 moratorium and restructuring plan
• Restrictions on termination for insolvency
• Impact on the supply chain
• Adjudication enforcement proceedings involving insolvent parties:
• When can you adjudicate and enforce:
• Bresco v Lonsdale
• John Doyle Construction Ltd (In Liquidation) v Erith Contractors Ltd

This webinar was recorded on 6th June 2022