News & Analysis as of

Subcontractors Construction Liens

New Bankruptcy Case Limits Assertion of Post-Bankruptcy Construction Liens

by 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

Lien bonds and statutory trusts: Stuart Olson Dominion Construction Ltd v. Structal Heavy Steel, 2015 SCC 43

by Dentons on

In December 2010, Stuart Olson Dominion Construction Ltd. (Dominion) was hired to act as general contractor to construct a football stadium at the University of Manitoba. Dominion entered into a subcontract with Structal...more

Builders' lien trusts in a bankruptcy - Iona Contractors Ltd v Guarantee Company of North America, 2015 ABCA 240

by Dentons on

In 2009, the Calgary Airport Authority (CAA) entered into a construction agreement with Iona Contractors Ltd. for Iona to improve CAA’s north airfield. By October 2010, the work was substantially complete; however CAA...more

Under Construction - December 2016

by Snell & Wilmer on

Welcome to the winter 2016 edition of our Under Construction newsletter. We hope your year has been good to your family, your company and you as we wrap up these remaining few weeks of 2016. A recent hot topic with...more

Don’t Sleep on Your NJ Construction Lien Enforcement Deadline

by Cole Schotz on

So you’ve managed to successfully file a construction lien claim in New Jersey. Well, don’t then kick back and relax for too long, because if you fail to take action to enforce that lien claim within the limited time...more

Down Payments Issued Without a Sworn Statement May Result in Owners and Lenders Paying More than Their Contract Price

by Clark Hill PLC on

In the construction industry, owners and lenders often issue "down payments" to contractors prior to the commencement of work on a project. This practice commonly occurs on residential construction and small commercial...more

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

Defence & Indemnity - February 2016: V. Surety and Bond Issues: The relationship between trust and lien claims under Provincial...

by Field Law on

Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J. - I. FACTS AND ISSUES - Stuart Olson Dominion Construction Ltd. (“Dominion”) was the general contractor of a football...more

Unpaid Subcontractors Gain Protection: the Supreme Court of Canada Clarifies the Builders’ Liens Act

by Bennett Jones LLP on

An unpaid subcontractor has both a builder’s lien and a trust remedy, the Supreme Court of Canada (SCC) just determined in Stuart Olson Dominion Construction Ltd v Structal Heavy Steel, 2015 SCC 43. In a unanimous decision,...more

Under Construction - June 2015

by Snell & Wilmer on

Letter from the Editor - Welcome to the summer edition of our Under Construction newsletter. In this issue, we highlight several hot topic items affecting the construction industry such as what happens when the...more

Construction Lien Law: What You Need to Know to Protect Your Company [Video]

by Smith Anderson on

Presented by Tobey Coleman and Emily Yeatts This webinar provides an overview of North Carolina’s construction lien laws and how they apply to and impact each party involved in a typical construction project – owners and...more

Under Construction - March 2015

by Snell & Wilmer on

Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more

Construction Case Law Update - January, 2015

by Carlton Fields on

FLORIDA STATE CASES - Slavin Doctrine; Design Contracts - Under the Slavin doctrine, a subcontractor design company was not liable despite negligently designing intersection traffic lights that resulted in a fatal car...more

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

by Pepper Hamilton LLP 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

Summary of Mississippi’s New Construction Lien Law

Mississippi recently enacted a new construction lien law. This article addresses certain key provisions of the new law - codified at Mississippi Code Annotated § 85-7-401 (Rev. 2014) - that apply to commercial projects. ...more

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

by 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

Filing A Lien When The Work Is Done For A Tenant Rather Than An Owner

by Gray Reed & McGraw on

Commercial landlords often allow commercial tenants to construct a buildout tailored to their business (e.g., retail stores, restaurants, redesigning office space, etc.). Such tenants hire general contractors who in turn hire...more

Construction E-Note - October 2, 2013

by Burr & Forman on

In This Issue: - Burr Appellate Victory Featured in Constructor Magazine - Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute - No Choice in the Matter - Government...more

The Subcontract Contingent Payment Clause: How Does It Affect The Construction Industry?

by JAMS on

Originally published in Florida Bar Journal on February 13, 2013. A contingent payment clause in a subcontract is the clause that provides that the subcontractor assumes the risk of owner nonpayment. Such clauses are...more

Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights

by Cole Schotz on

In L&W Supply Corp. v. Joe DeSilva, et al., (Docket No. A-2960-10T2, December 19, 2012) (“L&W Supply”), a decision recently approved for publication, the Appellate Division provides guidance to material suppliers seeking to...more

Changes to North Carolina Lien and Bond Law – What You Need to Know

by Smith Anderson on

A number of significant changes to North Carolina’s lien and bond statutes were just signed into law. In part, these changes are in reaction to concerns from the title insurance industry about so-called “hidden” liens, the...more

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