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ARTICLE · 06 OCTOBER 2009

Recent Decision Serves As Stark Reminder To Revise Bespoke Contracts Regularly

Speechly Bircham LLP
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The recent decision of “William Hare Limited v Shepherd Construction Limited [2009] EWHC 1603 (TCC”) serves as a stark reminder that bespoke contracts need to be revised regularly rather than seen as a finished product and never revisited.

United KingdomReal Estate and Construction
Steven Carey
Steven Carey
Fiona Edmond
Fiona Edmond

The recent decision of William Hare Limited v Shepherd Construction Limited [2009] EWHC 1603 (TCC) serves as a stark reminder that bespoke contracts need to be revised regularly rather than seen as a finished product and never revisited. 

The Enterprise Act 2002 has provided that an insolvent company can go into administration through a self-certification process.  This was not a procedure recognised under the Insolvency Act 1986. 

Shepherd had entered into a sub-contract with William Hare to supply and erect steelwork on a development project in Wakefield.  Shepherd attempt to rely upon a pay when paid provision as is permitted by the Housing Grants, Construction and Regeneration Act 1996 in cases of insolvency.     

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