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    Contractor insolvency – be prepared
    2009-03-17

    In the construction industry, contractor insolvency delays projects, increases costs and may deprive the employer of remedies and third parties of meaningful warranty protection. In 2008, it was reported that the number of construction firms facing grave financial concerns was 547 per cent higher than in 2007 (Building, 14 November 2008). As contractor insolvencies are likely to increase in 2009, how can an employer protect its position at the start of a project and when contractor insolvency occurs?  

    Contractual safeguards  

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Bond (finance), Surety, Collateral (finance), General contractor, Independent contractor, Option (finance), Subcontractor, Withholding tax, Warranty, Default (finance), Subsidiary, Parent company, House of Lords
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic Stay Provision of the Bankruptcy Code
    2017-05-25

    In re: Linear Electric Co., Inc., No. 16-1477, 2017 U.S. App. Lexis 5527 (3d Cir., March 30, 2017)

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, General contractor, Subcontractor, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Subcontractor claims: what can you do once your general contractor files bankruptcy?
    2014-09-30

    Branch Banking & Trust Co. v Construction Supervision Services, Inc. (In re Construction Supervision Services, Inc.), 753 F.3d 124 (4th Cir. 2014) –

    Filed under:
    USA, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, General contractor, Subcontractor
    Location:
    USA
    Firm:
    Troutman Pepper
    Construction lien payments: trust funds or not?
    2012-10-30

    Lain v. V3 Construction Group Ltd. (In re Erickson Retirement Communities, LLC), 475 B.R. 762 (Bankr. N.D. Tex. 2012) –

    The trustee of a liquidating trust under a general contractor’s confirmed chapter 11 plan tried to recover pre-petition payments made to a subcontractor as either a preference or a fraudulent conveyance.  The court’s decision turned on whether the payments were trust funds under the Illinois Mechanics Lien Act.

    Filed under:
    USA, Texas, Construction, Insolvency & Restructuring, Litigation, Troutman Pepper, General contractor, Subcontractor
    Location:
    USA
    Firm:
    Troutman Pepper
    No withholding notice: no defence to winding-up proceedings
    2007-01-23

    Case summary:

    When a contractor failed to pay certain agreed invoices the sub-contractor issued a winding up petition. The contractor applied to halt the advertising of the petition on the grounds that the debts were bona fide disputed on substantial grounds as there was a cross claim which exceeded the amount claimed. The court refused to halt proceedings because the absence of a withholding notice under the HGCRA meant that there were no substantial grounds for disputing the petition.

    Comment:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Advertising, Debt, Subcontractor, Withholding tax, Liquidation, Good faith
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Subcontractors take note - Appellate Division confirms that construction lender has no duty to subcontractor absent express promise to pay
    2012-03-21

    The New Jersey Appellate Division recently ruled in Vollers Excavating and Construction, Inc. v. Citizens Bank of Pennsylvania, Docket No.

    Filed under:
    USA, New Jersey, Banking, Construction, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, General contractor, Subcontractor
    Location:
    USA
    Firm:
    Cole Schotz PC
    Trustee in DHP Holdings bankruptcy files preference actions
    2011-08-14

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Marketing, Subcontractor, US Congress, United States bankruptcy court, US District Court for SDNY, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Application for leave to continue action against an insolvent defendant: A balancing act
    2016-06-30

    A case study of W Y Steel Construction Pte Ltd v Tycoon Construction Pte Ltd (in liquidation) [2016] SGHC 80

    Overview

    Filed under:
    Singapore, Construction, Insolvency & Restructuring, Litigation, Dentons, Costs in English law, Unsecured debt, Breach of contract, Debt, Subcontractor, Liquidation, Liquidator (law), Stay of execution, High Court of Justice
    Location:
    Singapore
    Firm:
    Dentons Rodyk
    Lien-ing towards payment
    2010-06-25

    With a growing number of projects facing financial difficulty, the importance of maintaining leverage for securing payment is greater than ever. The project itself remains a prime security target for any contractor, subcontractor or supplier for assuring appropriate attention is given to their claims and that payment will be forthcoming in a timely and unencumbered manner. Some very recent developments in the lien realm emphasize the ongoing attention that is being given to lien statutes and the opportunity they provide for maximizing those considerations of security and leverage.

    Filed under:
    USA, Construction, Insolvency & Restructuring, Duane Morris LLP, Bankruptcy, General contractor, Waiver, Subcontractor, Leverage (finance), Title 11 of the US Code
    Location:
    USA
    Firm:
    Duane Morris LLP
    Can money paid into court be used to discharge other liens?
    2012-03-19

    When a contractor pays money into court to discharge a lien of a sub-contractor, can that money only be used to discharge that lien holder’s claim?  Or is it available to pay the liens of all eventual lien holders?  In Canadian Western Bank v.

    Filed under:
    Canada, Construction, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Subcontractor, Canada Revenue Agency
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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