Construction insolvency overview
Gatehouse Chambers has specialisms in both construction and insolvency so our members are uniquely qualified to advise clients on the implications of insolvency in the construction sector. Our members have specialist knowledge of the relationship between enforcement of adjudicators’ awards under HGCRA and insolvency procedures under the Insolvency Act 1986. We have appeared in the leading cases which address the differences between the two approaches in the context of winding up petitions and adjudication enforcement.
Our members are regularly instructed on behalf of insolvency practitioners, employers, contractors, sub-contractors and lenders to advise on the consequences of insolvency in the contract chain (in particular, its effect on novation, step-in rights, set-off, bonds and guarantees) and on the various security devices deployed as protection against insolvency in the chain.
Sarah McCann’s Construction Insolvency textbook was published by Sweet & Maxwell in 2022. The 7th edition of Construction Insolvency covers both formal insolvency and issues like bonds and guarantees and other forms of financial protection. It provides you with the answers to the practical problems that arise every day in industry whilst also setting out the legal principles clearly and concisely, examining how the law deals with specific facts.