News & Analysis as of

Contractors Default

Vinson & Elkins LLP

Avoiding Investor Pitfalls in Complex Construction Financing Arrangements

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The frontier for construction project investment continues to grow – not just geographically and technologically – but also structurally, in the legal sense. Both equity and debt investors can employ a variety of complex...more

Vinson & Elkins LLP

Avoiding Performance Security Pitfalls with the FIDIC Silver Book

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In this article for Construction News, Louise Woods, Ciara Ros, and Lauren-Emma Parrott look at the FIDIC Silver standard form contract, and the key issues to consider in respect of bonds and guarantees when entering into, or...more

Bradley Arant Boult Cummings LLP

Breach vs. Default — What’s the difference?

The words breach and default are often used interchangeably to indicate that somebody hasn’t done what they were legally required to do. According to Black’s Law Dictionary, the words do appear somewhat interchangeable. ...more

Burr & Forman

When Is A Contractor’s Termination for Default Proper? When It Does Bad Things.

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Sometimes you “do” bad things.  Sometimes you “look like” you do bad things.  Just look at the difference between Bad-boy Jack and my youngest daughter, Haven, who just “looks like” she’s up to no good.  In the world of...more

Saul Ewing LLP

Language in Performance Bond Critical in Determining Surety’s Rights to Complete

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If an owner terminates a contractor due to a contractor default on a bonded project, can the surety hire the same contractor to complete the work under the bond? Depending on the language of the bond, it may be permissible...more

Troutman Pepper

Surety Bonds: Direct Claims v Derivative Claims – Who Knew?

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New Bern Riverfront Dev., LLC v Weaver Cooke Constr., LLC (In re New Bern Riverfront Dev. LLC), 521 B.R. 718 (Bankr. E.D.N.C. 2014) – The debtor made claims against a surety that issued a performance bond in connection with a...more

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