News & Analysis as of

Contractors Commercial Bankruptcy

Hogan Lovells

Talking Point: Insolvency risk in the construction industry

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In the difficult market conditions which have accompanied the COVID-19 pandemic, the financial health of many industries has been adversely affected. The construction industry is no exception and the insolvency of a party to...more

Robinson+Cole Construction Law Zone

The Enforceability of Mechanic’s Liens in Bankruptcy is Dependent on State Law

In a recent decision by the Third Circuit Court of Appeals, the Court held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished...more

Saul Ewing LLP

New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction Liens

Saul Ewing LLP on

On March 30, 2017, the United States Court of Appeals for the Third Circuit issued a decision that curtails the rights of suppliers to lien non-debtor third-party property following the bankruptcy filing of a construction...more

Robinson & Cole LLP

The Enforceability of Mechanics' Liens in Bankruptcy Is Dependent on State Law

Robinson & Cole LLP on

In a recent decision, the Third Circuit Court of Appeals held that a mechanic’s lien filed by an unpaid supplier against a construction project, after the contractor through whom the materials were furnished filed for...more

Robinson+Cole Construction Law Zone

Recipe for a Project Bankruptcy: The Owner in Bankruptcy Through The Lens of the Construction Manager

Industry leaders agree that the economy has turned the corner and private construction projects are on the uptick.  Banks have eased lending requirements and there is more private equity money on the streets.  Inexperienced...more

Troutman Pepper

Post-Confirmation: Ignoring Court Orders Is Not A Good Idea

Troutman Pepper on

In re Castle Home Builders, Inc., 520 B.R. 98 (Bankr. N.D. Ill. 2014) – The debtors obtained confirmation of plans of reorganization that restructured prepetition mortgage loans.  When the servicer for some of the...more

Troutman Pepper

Subcontractor Claims: What Can You Do Once Your General Contractor Files Bankruptcy?

Troutman Pepper on

Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) – After a general contractor filed bankruptcy, several of its...more

Poyner Spruill LLP

Fourth Circuit Reestablishes Subcontractors’ Right to Perfect Liens After Bankruptcy Filing

Poyner Spruill LLP on

The Fourth Circuit Court of Appeals recently ruled in the case of In re Construction Supervision Services that the property interest underlying a subcontractor’s lien on funds arises from the date it first furnishes labor or...more

Gray Reed

Contractors And Suppliers’ Defenses To Bankruptcy Preference Claims

Gray Reed on

Bankruptcy preference claims are always an unpleasant surprise. ...more

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