Construction suppliers are often put at risk when they provide materials on credit to contractors that abandon or are terminated from the projects to which the materials were supplied. This is especially true when the contractors in question are sole proprietors or limited liability companies operating as pass-through entities for their owner(s) that cannot overcome the […]
Auburn Winwater Works Co. v. Environic Solutions Newton District Court 1312 CV 131 Summary judgment entered in plaintiff supplier’s favor on all claims and counterclaims, upon showing that contractor had “accepted” all materials under the UCC, and that contractor’s failure to read or understand terms of the parties’ credit agreement was not a cognizable defense […]
A federal judge, in acknowledging recent trends in Massachusetts case law and the Restatement of Restitution and Unjust Enrichment, allowed a supplier to recover against the general contractor under Quasi-Contractual theories of unjust enrichment and quantum meruit.
If you are a high-volume material supplier, you never want to allow customers to fall behind on their invoices or, even worse, find yourself without recourse against that unscrupulous contractor who makes no effort to catch up on its invoices, but instead attempts to “ride off into the sunset.” Here are five tips to avoid […]
Here are five key considerations to discuss with your front office or collections attorney before making any decision:
Did you know that courts do not consider attorneys’ fees to be costs, nor are they automatically considered expenses by the court?