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Contractor insolvency issues in large project transactions
- King & Spalding LLP
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- USA
- -
- April 2 2013
An issue that is often overlooked, but should be considered in the context of large project transactions, is the potential insolvency of contractors
Construction trust funds: does failure to pay give rise to a non-dischargeable debt?
- Pepper Hamilton LLP
- -
- USA
- -
- November 6 2012
Scott Thompson, the owner and manager of a construction company, signed a confession of judgment accepting liability for the company’s failure to pay its subcontractor sums received from an owner for a construction job
Nevada lenders beware! Mechanic's liens not easily avoided
- Stoel Rives LLP
- -
- USA
- -
- November 1 2012
Following the market crash in 2008-09, the $2.8 billion Fontainebleau development in Las Vegas was halted with 70 percent of the construction completed
Construction lien payments: trust funds or not?
- Pepper Hamilton LLP
- -
- USA
- -
- October 30 2012
The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to a subcontractor as either a preference or a fraudulent conveyance
Indiana court holds that second-tier materialman may not invoke Personal Liability Notice Statute
- Barnes & Thornburg LLP
- -
- USA
- -
- September 19 2012
Indiana Code Section 32-28-3-9, often referred to as the Personal Liability Notice (PLN) Statute, provides a means for subcontractors, equipment lessors, and laborers to assert a claim against a project owner for amounts owed for labor and material on a construction project
Accepting payment before a construction lien is filed: catch-22?
- Pepper Hamilton LLP
- -
- USA
- -
- August 16 2012
Creditors of a distressed company often look for strategies to reduce bankruptcy preference exposure, and construction contractors are no exception
What if your insurer goes bankrupt and no one tells you?
- Pillsbury Winthrop Shaw Pittman LLP
- -
- USA
- -
- June 20 2012
"Does an insurance broker, after procuring an insurance policy for a developer on a construction project, owe a duty to apprise a subcontractor that was later added as an insured under that policy of the insurance company's subsequent insolvency?"
Seventh Circuit holds pay-if-paid provisions are not void under Indiana public policy
- Barnes & Thornburg LLP
- -
- USA
- -
- May 14 2012
On May 11, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a decision in BMD Contractors, Inc. v. Fidelity and Deposit Company of Maryland (No. 11-1345), affirming a lower court summary judgment in favor of a surety on a payment bond
The ins and outs of surety bonds: the insolvent surety
- Fox Rothschild LLP
- -
- USA
- -
- April 5 2012
Commercial, and sometimes residential, construction requires a contractor to obtain a surety bond to guarantee performance leading to the successful conclusion of a project
Subcontractors take note - Appellate Division confirms that construction lender has no duty to subcontractor absent express promise to pay
- Cole Schotz Meisel Forman & Leonard PA
- -
- USA
- -
- March 21 2012
The New Jersey Appellate Division recently ruled in Vollers Excavating and Construction, Inc. v. Citizens Bank of Pennsylvania, Docket No. A-3844-10T1 (March 5, 2012), that a construction lender has no obligation to pay an unpaid subcontractor on a project when the general contractor files for bankruptcy protection
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