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Insights

Keep up to date with all that’s happening here at BPE, and read about the latest trends and issues in the law profession.

Construction & Engineering

The complex interaction between insolvency and the enforcement of adjudicator's awards

In my May 2018 article ‘Insolvency calls time on pursuing claims’, I looked at how various moratoria apply to stop claims when a party enters into certain insolvency processes. I offered a taster when I said that adjudicator’s awards were a strange species because they are not final and binding, that this complicates their enforcement, and that I would look at the complex interaction between insolvency and the enforcement of adjudicator's awards soon. The subsequent case of Michael J Lonsdale (Electrical) Ltd v Bresco Electrical Services Ltd (In Liquidation) [2018] EWHC 2043 (TCC, 31 July 2018), means that time is now.

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Construction & Engineering

Retention Reform postponed…again

When it comes to reforming retention, the ‘latest proposal’ is becoming something of a misnomer. Peter Aldous MP (Con, Waveney), a former surveyor, introduced his Ten Minute Rule Bill, the Construction (Retention Deposit Schemes) Bill 2017-19 on 9 January 2018, but its second reading has been repeatedly postponed from 27 April 2018, to 15 June 2018, then to 26 October 2018 and now to 23 November 2018.

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