Security of Payment for Subcontractors – Lessons for England from Around the World

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Louise Hall

September 2019

The paper is based on the highly commended entry in the Hudson essay competition 2018

This paper considers the payment security currently offered to subcontractors and explores the measures which have been taken in England to address the issues of insolvency risk and attrition of cash flow. The author compares these with the variety of measures implemented in other jurisdictions, such as Australia, Canada, France and Japan, to tackle the same issues, highlighting the differences in approach and outcome. The author suggests further provisions which could be introduced to improve the protection offered to subcontractors.

1 Introduction – 2 An over-arching problem: the relationship between employer and subcontractor –3 Mitigating the insolvency risk – 4 Reducing attrition in cashflow– 5 Conclusion: what lessons can England learn?

The author: Louise Hall is a Commercial Lead on the Lower Thames Crossing for Highways England.

Text: 12 pages

Paper number: 
September 2019, online, 1MB

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