Breaking News: Insurance Coverage for "Hidden" Mechanics' and Materialmen's Lien Claims in North Carolina is Disappearing by Poyner Spruill LLP on 5/14/2012 Even in good economic times, lien claims asserted by subcontractors and material suppliers abound and lead to costly disputes. As in many states, North Carolina’s materialmen’s lien statutes create a system where “hidden” or...more
Bankruptcy Court Delivers Next Chapter In Developing Law Regarding Post-Petition Lien Perfection By Subcontractors by Poyner Spruill LLP on 4/17/2012 In a prior alert (Subcontractors and Suppliers Win Support for Lien Perfection During North Carolina Bankruptcies) we told you about the order from the United States District Court for the Eastern District of North Carolina...more
Subcontractors Take Note - Appellate Division Confirms That Construction Lender Has No Duty To Subcontractor Absent Express... by Cole Schotz on 3/20/2012 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...more
Subcontractors and Suppliers Win Support for Lien Perfection During North Carolina Bankruptcies by Poyner Spruill LLP on 3/7/2012 By order issued on February 23, 2012, the United States District Court for the Eastern District of North Carolina vacated the bankruptcy court’s decision in In re Mammoth Grading, Inc. This decision and the companion decision...more
Massachusetts Appeals Court Invalidates Mechanic's Liens Against Condo Common Areas by Duane Morris LLP on 1/12/2012 A Massachusetts Appeals Court decision last month portends far-ranging implications for the construction industry. The court ruled that a subcontractor's mechanic's lien filed against the common areas of a condominium was...more
How To Minimize Construction Default Consequences by Steve Watten on 5/10/2011 The abandoned construction project can present a nightmare for a property owner. This article details precautions an owner can take pre-construction to minimize the consequences of a failed project....more
Involuntary Bankruptcy as a Collection Tool by Zumwalt Law Group on 4/21/2011 Although the tactic does not receive much publicity, the filing of an involuntary bankruptcy petition against a business debtor can be an effective collection tool under the right circumstances. Learn the requirements and...more
Subcontractors and Suppliers Win Support for Lien Perfection During North Carolina Bankruptcies by Richard Prosser on 3/27/2011 NC District Court suggests Bankruptcy Court opinions in In re Mammoth and In re Harrelson (EDNC) are inconsistent with constitutional protections afforded lien claimants in North Carolina. Subcontractors/suppliers win...more
Rainbow 215, LLC Chapter 11 Appropriate Rate of Interest in a Cramdown--Judge's Confirmation of Plan of Reorganization of a Single-Asset Real Estate Developer by Kenneth Funsten, CFA on 3/25/2011 "APPROPRIATE RATE OF INTEREST" FOR A CHAPTER 11 CRAM-DOWN & THE SUPREME COURT’S "TILL" DECISION According to the Bankruptcy Code, a confirmable Plan of Reorganization must provide dissenting secured creditors a sum...more
Strategic Defaults on Mortgage Loans & Bankruptcy by John Skiba on 3/14/2011 On the way in to the office this morning there was a news story on the radio about homes in Arizona. A full 50% of home owners owe more on their home than it is worth here in Arizona. You may have the same thought I...more
Developers personally liable: insolvency and the SPV (UK) by Chris Robinson on 3/1/2011 Developers can be personally exposed if they control risk on a development through the limited liability of an SPV vehicle. A recent case holds directors persoanlly liable for the SPV's debts after they should have realised...more
McInerney Homes & Ors -v- Companies Acts JUDGMENT of Mr. Justice Clarke delivered the 10th January, 2011 by Cathal N. Young, O'Reilly & Co. on 1/10/2011 At an early stage of the hearing discussion took place involving counsel for respectively Homes and Contracting (“collectively McInerney”), the examiner, and the Banking Syndicate. There was broad agreement that the issues...more
Beware: "Broken" Subdivision Pitfalls Will Linger for Years to Come: Top Ten Questions You Need to Ask by Kathleen Carpenter, Esq. on 1/4/2011 We now see signs of hope on the horizon for the battered real estate market. But recovery typically happens in stages and there is no reason that this recovery will differ in that regard. At the initial stages of a recovery,...more
Construction Accident Leads to Important OSHRC Ruling by Johnston, Moore & Thompson, Huntsville... on 12/8/2010 The Occupational Safety & Health Review Commission, which hears appeals of OSHA citations and penalties, has ruled that employers cannot escape liability for repeat safety violations by reorganizing. The case was an appeal of...more
Developer files for Bankruptcy, Entertainment Center in Jeopardy by Tampa Bay Bankruptcy Center, P.A. on 8/12/2010 A proposed plan to build New England’s first Brunswick Zone at 128 Newbury St., a spot on the highway near the intersection with Winona Street is now in danger of not getting off the ground. The local developer responsible...more