Green Building Law Update

JULY 19, 2015

In January 2007, Southern Builders, the general contractor, commenced a mechanics lien action in the Circuit Court. Southern Builders is instructive because, commenced as a mechanics lien action for failure to pay, this is how many construction disputes, including those that involve matters of green building, reach the courts.

Green 120

Green Maryland Lien Certification 120

Constructonomics

MAY 2, 2014

I also know that the school district won’t dissolve all of a sudden or declare bankruptcy. File a Mechanic’s Lien (if you can). In Pennsylvania, the law states that you cannot file a lien on a purely public entity. Also, there is a timeline to file a mechanic’s lien.

Lien 186

Lien Finance Deals Legal 186

Chianelli Estimating

JANUARY 30, 2020

Many times those costs are not recovered, however; they could make the difference in keeping the Builder or Owner solvent or ending up with a failed project or worse yet bankruptcy. A good estimate requires time to develop which directly effects the Owner’s, Contractor’s, Architect’s and Engineer’s cost of doing business.

Estimating 78

Estimating Construction Bidding Bankruptcy 78

NH Construction Law

OCTOBER 22, 2023

It happens this way: A contractor or subcontractor borrows money from a lender, and as security for the loan it gives the lender an assignment of or lien on its receivables and contract rights.

Security 40

Security Contract Accounting Construction 40

Construction Knowledge

OCTOBER 3, 2012

The city filed a lien against the land for $300,000 of unpaid back taxes. Pei filed a lien on the land for the full fee amount. The Museum filed for bankruptcy, then rescinded their request. Pei Partnership Architects spent more than $5M on building design. So what’s happening now?

US 40

US Lien Bankruptcy Virginia 40

Autodesk Construction Cloud

FEBRUARY 1, 2024

Late payments and non-payments are, unfortunately, pivotal contributors to declining contractor productivity eventually, in some cases, leading to bankruptcy for many GCs and subcontractors. Industry research supports these sentiments. Known as Payapps in Australia, New Zealand, the U.K.,

Autodesk 87

Autodesk Cash Flow Construction Risk 87

Construction Lawyer

SEPTEMBER 22, 2005

Waivers of liens: fraud. The Bankruptcy Court for the Northern District of Illinois recently ruled that a contractor who falsified waivers of lien engaged in fraudulent conduct and his debt to the bank was non-dischargeable. Listed below are links to weblogs that reference Waivers of liens: fraud : Recent Posts.

Lien 40

Lien Illinois AIA Chicago 40

NH Construction Law

MAY 28, 2018

The main advantage of such “trust fund” provisions is in bankruptcy; trust funds are not considered assets of the subcontractor/debtor that can be distributed to general creditors. any principal of the sub signing the lien waiver may also be liable to the general. If the sub falsely swears (it happens!),

Subcontracting 40

Subcontracting New Hampshire Lien Insurance 40

Construction Lawyer

APRIL 30, 2012

New York court holds that contractor installing cogeneration system not entitled to a mechanics lien. A New York court has held that a subcontractor who furnished labor and materials for a cogeneration system was not entitled to a mechanics lien.   Chapeau filed bankruptcy. mechanics liens. Categories. arbitration.

New York 40

New York Lien Contractors Illinois 40

Construction Lawyer

JULY 20, 2012

Fidelity had issued a payment bond, but Fidelity refused to pay after the owner declared bankruptcy, and BMD sued Fidelity. ILLINOIS APPELLATE COURT DEEMS MECHANICS LIEN COUNTERCLAIM UNTIMELY. mechanics liens. The question became whether the general or the subcontractor would bear the risk of loss. Subscribe to this blogs feed.

Illinois 40

Illinois Subcontracting Liability AIA 40

Levelset

JULY 19, 2022

If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes—from simple phone greetings to deciding whether to file a mechanics lien for non-payment.

Cash Flow 52

Cash Flow Accounting Profitability Residential 52

Levelset

JULY 18, 2022

If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes — from simple phone greetings to deciding whether to file a mechanics lien for non-payment.

Cash Flow 52

Cash Flow Accounting Profitability Legal 52

Levelset

JULY 15, 2022

If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes—from simple phone greetings to deciding whether to file a mechanics lien for non-payment.

Electrical 52

Electrical Cash Flow Accounting Profitability 52

Levelset

JULY 22, 2022

If you start growing without proper financial management, you will quickly find your company out of cash and in bankruptcy court. In the end, your business is a collection of many different processes — from simple phone greetings to deciding whether to file a mechanics lien for non-payment.

Cash Flow 52

Cash Flow Overhead Accounting Profitability 52

NH Construction Law

NOVEMBER 23, 2019

As discussed in an earlier blog (#60), in order to “perfect” a mechanic’s lien in New Hampshire the lienor must institute court action for the purpose of getting an attachment order, Topjian Plumbing Heating, Inc. Suppose the owner files for bankruptcy protection before that step is taken. Bruce Topjian, Inc. ,

Lien 40

Lien Bankruptcy New Hampshire Claims 40

NH Construction Law

JANUARY 18, 2023

6, 2023), decided by New Hampshire’s bankruptcy court. A Chapter 11 proceeding was commenced by a continuing care retirement facility in Keene whose real estate was subject to a construction mortgage and several mechanic’s liens. Accordingly, MacMillin’s later-recorded lien was held to have priority over the mortgage.

Lien 40

Lien New Hampshire Claims Bankruptcy 40

Buisness Facilities Contributed Content

MARCH 21, 2014

The private sector participant finances 50 percent of the project cost and takes a first lien on assets pledged as collateral. The SBA takes a second lien on assets and finances up to 40 percent of the project cost, up to $1 million in some cases. Borrowers inject 10 percent in the form of cash or equity in real estate.

Income 75

Income Finance Zoning Equipment 75

Buisness Facilities Contributed Content

APRIL 15, 2014

A business is not eligible for the exemption if it has received a property tax exemption under tax increment financing; there is an outstanding recorded lien for delinquent property, income, sales or use taxes against the business; or the exemption fosters unfair competition or endangers existing business.

Income 108

Income Finance Zoning Employment 108