News & Analysis as of

Lenders Contractors

Davis Wright Tremaine LLP

California Court Holds Mechanic's Lien Enforceable Despite Failure To Provide Preliminary Notice

In a recent case, the California Court of Appeal held that a contractor could foreclose a mechanic's lien, over the project owner's objection, even though the contractor had not provided a preliminary notice of lien to the...more

Seyfarth Shaw LLP

50 State Lien Law Notice Requirements

Seyfarth Shaw LLP on

This quick reference describes general time requirements for filing lien notices in each state, plus Washington, DC. Seyfarth’s Construction team prepared the survey for use primarily by commercial contractors and real estate...more

Vinson & Elkins LLP

When Contractors Become Project Owners: Opportunities, Risks and Conflicts for Japanese Contractors to Consider When Taking Equity...

Vinson & Elkins LLP on

Japanese heavy-industries companies that typically act as contractors or suppliers on projects are increasingly invited to contribute as equity investors in the projects they construct or supply major equipment to, thereby...more

Cole Schotz

Balancing Mortgage and Mechanics Lien Priorities in New York

Cole Schotz on

In an ideal world, the interests of contractor and lender involved in the same construction project are aligned: the project succeeds, and everyone is paid what they’re owed. But when the interests of contractor and lender...more

King & Spalding

Big Data and Bigger Disputes? How New Data Technologies Impact Construction Disputes

King & Spalding on

The last decade has seen the emergence of Big Data platforms allowing parties to major construction projects to digitize and integrate more and more of the engineering, design and build phase of their projects. Such...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2021 - Construction Projects: Disrupting the Disruptor

King & Spalding on

Once a remote health issue in China, coronavirus (“COVID-19”) remains today - as we enter the new year of 2021 - not only a global health concern but also a global economic disruptor that will impact nearly every industry....more

Clark Hill PLC

2019 Arizona Case Law Affecting Commercial Real Estate and Lending

Clark Hill PLC on

The following information accompanies a presentation Mike gave to members of the Arizona Commercial Mortgage Lenders Association (ACMLA) on March 12, 2019. Arizona Case Law – Property Tax Exemptions - R.O.I. Properties LLC...more

Faegre Drinker Biddle & Reath LLP

How to Balance Lender and Contractor Interests on Alternative Energy Construction Projects

Lenders who finance wind and solar farms often require the EPC contractor to consent to the developer’s assignment of the EPC Contract to the lender to secure the developer’s obligations under the loan documents. Such...more

Poyner Spruill LLP

A Brief Look At Common Construction Loan Credit Enhancements

Poyner Spruill LLP on

As the competition for construction loan projects remains at unprecedented levels in much of the country, lenders are frequently being asked to waive, modify or re-visit their standard construction loan credit enhancement...more

Foley & Lardner LLP

Seventh Circuit Limits Construction Lender’s Use of Title Insurance Policy to Cover Construction Liens Created by Lender’s Cutoff...

Foley & Lardner LLP on

In a recent decision written by Judge Sykes, affirming a decision from the Western District of Wisconsin, in an issue governed by Wisconsin law, the Seventh Circuit ruled that a title insurer has no duty to indemnify a...more

Miller Canfield

How Construction Lenders Can Avoid Title Insurance Coverage Denial for Mechanics Liens

Miller Canfield on

A title insurance company can deny a construction lender’s coverage against mechanics liens that were asserted after the lender stopped funding the construction escrow, even though the lender was entitled to do so under the...more

Stinson LLP

Colorado Supreme Court: Construction Lender's Subsidiary Is Not a Subsequent Purchaser - Negligence Claim May Not Be Asserted...

Stinson LLP on

Lenders and contractors may want to take additional precautions before they take title to a newly constructed home through foreclosure (or deed in lieu of foreclosure) following a recent decision by the Colorado Supreme...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

Lewitt Hackman

Mechanics Liens — Smart Tools of Construction Industry Professionals, and Bane of Property Owners

Lewitt Hackman on

In 1791, Thomas Jefferson and James Madison proposed the first mechanics liens legislation in order to promote development in Washington. The Maryland Assembly (which governed Washington at that time) passed the...more

McCarter & English, LLP

New retainage law goes into effect November 6

Massachusetts enacted a new retainage law that will require owners, prime contractors and subcontractors to pay retainage according to the law’s terms on a construction contract if... ...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

AC35632- U.S. Bank, N.A. v. Foote - Second time is the charm. Defendant succeeded in getting plaintiff’s foreclosure action dismissed for lack of standing due to the inability of the witnesses to establish that the...more

Polsinelli

News for Contractors and Construction Lenders in Arizona and Nevada – The Contractors' Lien May Trump the Bank's

Polsinelli on

In addition to an arid climate and plenty of sunshine, Arizona and Nevada have something more to offer contractors: a potentially advantageous position over lenders when a project goes bad. When a project derails and...more

Nexsen Pruet, PLLC

Changes Taking Effect to North Carolina Lien and Bond Laws

Nexsen Pruet, PLLC on

The rules are changing when it comes to North Carolina lien and bond laws. And, the new provisions are substantially altering the way in which all parties involved in lien rights – from owners, buyers, and sellers to general...more

Carlton Fields

Drafting A Takeover Agreement

Carlton Fields on

This article discusses the issues an owner, lender, completion contractor, and surety should consider when drafting a takeover agreement. Although each of these four main parties may share the basic goal of seeing the project...more

19 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide