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Results: 1-10 of 27

Contractor insolvency issues in large project transactions

  • King & Spalding LLP
  • -
  • 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