Pursuing the recovery of monies claimed to be due to an insolvent firm invariably meets with creative and intransigent resistance. Where previously there had been no challenge in terms of the extent and value of work carried out, fresh arguments appear and counter claims emerge as if from the ether. What are legitimate financial entitlements prior to the onset of insolvency quickly become mired in dispute, primarily in the knowledge that in insolvency financial constraints often prevent matters going beyond mere negotiation. The issue in insolvency realisation has always been that if the payer will not capitulate and abandon its incorrect position, what can be done to force them?
The change in the law following the Supreme Court case of Bresco Electrical Services Ltd (In Liquidation) v Michael J Lonsdale (Electrical) Ltd  UKSC 25 now enables insolvent companies to pursue adjudication as part of the insolvency realisation strategy as a means of resolving and settling such disputes.
Where previously there had been no challenge in terms of the extent and value of work carried out, fresh arguments appear and counter claims emerge as if from the ether.
As a firm of construction professionals who understand construction related insolvency and are well versed in construction contract expertise and the law, Quantex Consulting is accustomed to fighting and dismissing spurious set-offs and counter claims. We do so for both solvent and insolvent firms. We have been at the forefront of construction adjudication from the outset of its statutory basis over twenty years ago, applying unrivaled experience and expertise to the benefit of our clients, efficiently and effectively representing parties in the proceedings and with adjudicator nominating body panel adjudicators amongst our senior staff. The Supreme Court’s decision has given the green light to the application of that accumulated experience in insolvency realisation matters.
From an initial review of reported contract debts and advice on the likely level of return including, where appropriate, using the benefits of adjudication, to damages based fee agreements for recovery, with its unique combination of its background as a firm of construction professionals dealing with disputes and its expertise in adjudication, Quantex Consulting is able to provide the insolvency realisation market with a superior and cost effective service.
Our management team are approachable and amiable and available to discuss individual requirements, with all lines of enquiry treated in the strictest confidence and without obligation.