BOSSing Around

BOSSI will be at the BOSS dinner at the Wine Centre in Adelaide on Friday, having been asked to give an after dinner speech on the topic of construction insolvency.

BOSS is the Builders’ Organisation for Students and Staff, and the thing is organised by the School of Natural and Built Environment at the University of South Australia.

They want me to Continue reading

Back home

debateJust back from the Society of Construction Law’s 2015 Conference in Melbourne. Brilliant.

There were some excellent papers. Everyone will have learned some really useful stuff; I certainly did.  But we also had some good fun.

Yesterday evening, I participated in the dinner debate at the Fox Car Museum. Who is more useful, lawyers or experts? Never have I been involved in such a rigged Continue reading

Support for the Bust?

bust

Update; see Even Less Support fo the Bust

The construction industry in Australia seems to be going through rather a hard time at the moment, and there is a fair bit of insolvency about. There is topicality in the question,

“Can a company in liquidation avail itself of the Security of Payment Legislation by validly commencing an adjudication?”

It is not hard to find examples of liquidators who take the view that the Security of Payment Legislation is available for them[1], or of adjudicators who share that view, but what is the true legal position?[2]

There appear to be no decided cases on the validity of an adjudication process where the claimant was in liquidation before commencing the adjudication. However, it is not a question that is entirely devoid of authority, and indeed the answer “no” to the question posed above emerges from Continue reading