Strategies for Recovering Money from Troubled or Insolvent Owners

AGC's 91st Annual Convention & Pavilion
March 19, 2010

There are tools to manage your risk associated with construction for an owner experiencing financial difficulties or insolvency. This session will address the characteristics of today's private construction lending environment and the effect on owners in distress. Specifically, the session will focus on early signs of owner illiquidity, strategies for managing risk associated with delayed or discontinued financing, issues related to the analysis of lien priorities, and risk avoidance strategies for new contracts.

In this presentation, which was originally presented by Partners Stephen Shapiro and Brian McDowell at the AGC's 91st Annual Convention & Pavilion on March 19, 2010, you will learn how to:

  • identify signs of owner financing trouble
  • obtain strategies for negotiations and workouts with the construction lender
  • identify factors to consider when evaluating the position of construction liens
  • identify practical effects of owner bankruptcy
  • identify avoidance strategies in construction contract drafting

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