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ARTICLE · 08 DECEMBER 2021

Taking Over A Part Done Job

Fenwick Elliott LLP
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Following the temporary restrictions on winding-up petitions brought in under the Corporate Insolvency and Governance Act 2020 being lifted, as Jatinder Garcha sets out, we are left with a contracting market …

United KingdomCorporate/Commercial Law

Following the temporary restrictions on winding-up petitions brought in under the Corporate Insolvency and Governance Act 2020 being lifted, as Jatinder Garcha sets out, we are left with a contracting market still working its way through the ripples of Brexit, Covid-19, labour and material shortages, price fluctuations and just about the toughest Professional Indemnity insurance market we have seen.

With the prospect of insolvency related terminations of building contracts taking place over the coming months, this article considers some of the implications of taking over and completing a half done construction project.

Patience is golden

Seeing your completion date drift further and further away is frustrating and can trigger knee-jerk reactions. Employers need to be very careful not to instruct another contractor to undertake works that are already contracted to the existing contractor under a live building contract.1

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