Construction Insolvency

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Description
Many legal texts are written. Not all make it to a second edition. Far fewer make it to a seventh edition. In that journey it is inevitable that they will be guided by their first author and will thereafter take on a life of their own. Richard Davis wrote and guided this book from inception to its sixth edition and the publishers, Sweet & Maxwell, and I owe him a debt of gratitude for that work. Readers who have been familiar with those earlier editions will see that the style and format in this seventh edition has changed to bring it in line with more familiar formats and styles of current legal practitioner texts. I hope that this slightly newer format is thought to be successful by readers, all comments on the same being welcome.
In the four years since the sixth edition there have been many changes of note in the construction insolvency arena. To name but a few: the introduction of the Corporate Insolvency Governance Act 2020 which has introduced two com- pletely new insolvency procedures (the Pt Al moratorium and the restructuring plan) as well as prohibitions on termination clauses in supply contracts, and the Supreme Court's decision in Bresco Electrical Services Ltd v Michael J Lonsdale [2020] UKSC 25 considering the compatibility between the insolvency and adjudication regimes and the case law following. This edition seeks to deal with those and the other changes since 1 August 2017 and I have aimed to state the law as at 1 August 2021.
I would like to express my thanks to all those who have helped with this edition. I have been hugely assisted by all contributors and collaborators and the publishers Sweet & Maxwell, in particular Stephen Clausard and Hatty Thorowgood, without whom this edition would not have been possible.
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Table of Contents
1. Law in Context
2. Elements of Construction Security
3. Debts and Other Receivables
4. Assignment
5. Set - Off, Abatement and Deduction
6. Plant and Equipment
7. Goods and Materials
8. Informal Insolvency
9. Construction Trusts
10. Retention Trusts
11. Statutory Demands and Winding up
12. Adjudication and Insolvency
13. Formal Insolvency
14. Termination
15. Novation of Contracts
16. Completion Contracts
17. Direct Payment
18. Set - off in Insolvency
19. Bonds and Guaranties
20. Insolvency Claims
21. Directors and Employees
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Author Details
Sarah McCann