Peter Barnes

Peter Barnes sketches out the treatment of LADs in the new JCT DB 2024 form.

There has been a recent trend of Insolvency Practitioners commencing Adjudication proceedings on behalf of an insolvent company in an attempt to recover the payment of monies against the insolvent company’s account. 

This was considered and decided upon by Mr Justice Coulson in the recent Hutton Construction Limited v Wilson Properties (London) Limited [2017] EWHC 517 (TCC) case.

During a period whilst working in the USA, an Architect became involved with the design of skyscrapers on fast track programmes. Through that experience, it became apparent to him that if all the parties worked together collaboratively, the construction process could be planned in advance and then carried out to an agreed schedule.

It sometimes seems to me that we are in the Mad Hatter’s World (or, maybe even worse, the Dormouse’s World!) when we deal with the payment provisions of the new ‘Construction Act’ (i.e. the Local Democracy, Economic Development and Construction Act, 2009). Why has something that should be so simple become so complex?

Some people believe (incorrectly) that a Black Hole and an Insolvent Company are one and the same thing.