Case in focus: Insolvency

Ted Lowery

Ted Lowery on the impact of liquidation upon the right to adjudicate

The case

Michael J Lonsdale (Electrical) vs Bresco Electrical Services [2018] EWHC 2043 (TCC) 

Before Mr Justice Fraser

In the Technology and Construction Court

Judgment delivered on 31 July 2018 

The facts

Under a contract dated 21 August 2014 Lonsdale engaged Bresco to carry out electrical installation works at premises in St James’s Square, London. Bresco left the site on 8 December 2014 and on 12 March 2015 Bresco entered into voluntary liquidation and a liquidator was appointed. 

In October 2017 Lonsdale initiated a claim against Bresco on the grounds that it had wrongfully terminated the contract, requiring Lonsdale to incur additional costs when completing Bresco’s works. 

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