Construction & Engineering

Resisting winding up petition where clear interim application dispute

We were instructed by a key client following service of a winding up petition against them by a subcontractor, despite the existence of a substantive valuation dispute relating to works at a data centre in Denmark.

Following the subcontractor’s continued refusal to withdraw the petition we prepared an application for an injunction preventing advertisement of the petition. Following our demonstration that none of the sums claimed could be pursued by way of the winding up process, the subcontractor conceded its position and agreed to withdraw its petition on terms that it pay our client’s costs on the indemnity basis.

In tandem with dealing with the injunction, we advised our client on issues relating to termination and ongoing interim applications, and are currently acting for our client in an adjudication relating to the true value of the disputed interim valuation.

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