Michael Gerard & Co. Chartered Building Consultancy
Michael Gerard & Co. Chartered Building Consultancy

Archive for the 'Briefings' Category

Construction Insolvency and Standard Forms of Contract

March 2011

Keywords: Insolvency; Joint Contracts Tribunal; JCT; Intermediate Form of Contract 2005; Terminating employment; Clause 8.5; Set-off; Statement of Account
The following article was recently published in the Estates Review magazine, and is wholly relevant to Insolvency Practitioners who may encounter businesses operating in the construction industry.  By understanding how projects are […]

Statutory Adjudication: Resisting a debt due to an insolvent company

February 2011

Keywords: Straw Realisations (No 1) Ltd (formerly known as Haymills (Contractors) Ltd (in administration) –v– Shaftsbury House (Developments) Ltd [2010] EWHC 2597; Statutory Adjudication; Insolvency; Administration; Insolvency Act 1986; Insolvency Rules; Final and binding; Summary Judgement; Stay of Judgement; JCT Standard Form of Building Contract with Quantities 2005
The Case of […]

Formulae to Recover Head Office Overhead & Profit (Part 2)

January 2011

Keywords: Delay; Loss and expense; Head office and profit recovery; Formulae; Emden, Hudson & Eichleay;
In part l of this 2-part briefing series, I examined the legal principles appertaining to the recovery of overheads and profit where a project was delayed for events that the employer was culpable.  In such claims, […]

Formulae to Recover Head Office Overhead & Profit (Part 1)

January 2011

Keywords: Delay; Extension of time; Damages; Liquidated and ascertained damages; Loss and expense; Head office and profit recovery; Formulae; Emden, Hudson & Eichleay; Ascertainment; JCT suite of contracts; McAlpine –v– Property and Land and Contractors [1996] 76 BLR 59; Norwest Holst –v– Co-Operative Wholesale Society [1997]
Those that work both in […]

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