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July 19, 2019
In a bankruptcy proceeding, who has priority over the proceeds from consigned goods? Is it the bankruptcy trustee or the consignor of the goods? The answer in this case depended …
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July 12, 2019
A lessor owns the real property, signs a 50-year lease with the lessee and the lessee builds a facility on the leased property. Who is responsible for the costs associated …
June 28, 2019
Last year, Ontario rolled out the first wave of changes to its construction lien law statute, with the remaining amendments launching this fall. Now that Ontario has successfully modernized its …
June 24, 2019
Who enjoys a good ol’ mystery game? Today’s mystery is why a Georgia Bankruptcy Court deemed one creditor’s UCC filing seriously misleading, thus making the creditor’s security interest unperfected. First, …
June 21, 2019
Have you found yourself in a construction dispute, trying to decide whether the dispute warrants trips to court for lawsuit litigation? Have you also wondered whether arbitration or mediation will …
June 14, 2019
A “lien dissolution bond,” which can be filed to remove mechanic’s liens from a property, is one of many names or phrases given to bonds of this type. Some other …
June 10, 2019
Lien waivers are one of the most popular documents within construction credit. We’ve compiled a list of the top 10 lien waiver questions. A lien waiver is a signed document …
June 7, 2019
Lienability. One of the many questions we are asked is “Can I file a mechanic’s lien on that?” Or, if we must relay the unfortunate news that an improvement isn’t …
May 24, 2019
We are often asked, “Do I have to serve an amended notice if my contract amount increases?” and, “If so, how much does my contract have to increase to warrant …
May 20, 2019
You should always perform a reflective search on each UCC filing to ensure your filing was indexed correctly. Through a reflective search you are likely to quickly catch errors in the …
May 17, 2019
We know strict compliance with Article 9 is vital in perfecting your security interest. Collateral descriptions can be a tricky business; don’t be too specific or too vague. Fortunately for …
May 13, 2019
Ahh, payment bonds and bond claims; a payment security often available for those furnishing to public and federal projects and even the occasional private construction projects. Before you can exercise …
Education Center
Education Center