Construction Insolvency
Security, Risk and Renewal in Construction Contracts
By: Richard Davis
The first half of Construction Insolvency covers formal insolvency and the second half deals with issues like bonds and guarantees and other forms of financial protection. It answers many practical problems faced by companies in the industry and their professional advisers, whether lawyers, accountants, financiers, surveyors, insolvency practitioners, etc. As well as setting out the legal principles as clearly and concisely as possible, the author looks at how the law might deal with specific facts.
AI Overview
The book "Construction Insolvency" by Richard Davis is a comprehensive guide to the complexities of insolvency within the construction industry. Here is a detailed overview of the key themes, plot summary, and critical reception:
Key Themes
- Insolvency and Construction Law: The book explains the key concepts of insolvency and how they apply to the construction industry, setting the principles within the complicated contractual relationships of the construction sector.
- Formal and Informal Insolvency: It covers both formal insolvency processes and informal insolvency mechanisms, including issues like bonds and guarantees, and other forms of financial protection.
- Contractual Relationships: The book delves into the complexities of contractual relationships, including assignment, set-off, abatement, and deduction, which are crucial in construction projects.
- Financial Protection: It discusses various forms of financial protection such as retention trusts, pre-emptive measures, and adjudication in the context of insolvency.
- Law and Practice: The book provides a practical overview of construction insolvency, incorporating a wealth of case law, case studies, and materials to help readers understand the subject deeply.
Plot Summary
The book is structured to cover various aspects of construction insolvency, including:
- Law in Context: An introduction to the legal framework governing construction insolvency.
- Elements of Construction Insolvency: A detailed exploration of the fundamental principles and concepts.
- Debts and Other Receivables: Examination of debts and other receivables in the context of construction projects.
- Assignment, Set-off, Abatement, and Deduction: Analysis of these critical contractual mechanisms.
- Plant and Equipment, Goods and Materials: Discussion of the insolvency implications for these essential project components.
- Informal Insolvency: Coverage of non-formal insolvency processes and mechanisms.
- Construction Trusts and Retention Trusts: Explanation of these financial protection mechanisms.
- Pre-emptive Measures: Strategies to prevent or mitigate insolvency risks.
- Adjudication and Insolvency: The role of adjudication in managing insolvency issues.
- Formal Insolvency: Detailed examination of formal insolvency procedures.
- Termination, Novation of Contracts, Completion Contracts, Direct Payment: Various aspects of contract management during insolvency.
- Set-off in Insolvency, Bonds and Guarantees, Insolvency Claims, Directors and Employees: Specific topics related to insolvency claims and their impact on stakeholders.
- Law into Myth: A concluding section that synthesizes the legal principles into practical insights.
Critical Reception
While specific reviews of the book are not readily available in the provided sources, the book's comprehensive coverage and practical approach suggest it is well-regarded in the field of construction law and insolvency. The inclusion of case law, case studies, and materials indicates that it is a valuable resource for practitioners and academics alike. The book's structure and content are designed to provide a deep understanding of the complex issues involved in construction insolvency, making it a reliable reference for those navigating this specialized area of law.
In summary, "Construction Insolvency" by Richard Davis is a seminal work that offers a thorough examination of the intricacies of insolvency within the construction industry. Its practical approach, coupled with its comprehensive coverage of key themes and topics, makes it an essential resource for professionals and scholars in this field.