Construction and Bankruptcy: Avoiding Clawback; Preserving Defenses When a Project Partner Goes Bankrupt

Ms. Cromeens holds more than 17 years of experience practicing construction, real estate, and business law. She has successfully filed more than a thousand lawsuits to foreclose or remove mechanic’s liens, with several of those being tried to a jury. Ms. Cromeens is on a mission to educate and inform subcontractors on the importance of understanding what they are signing, negotiating a fair subcontract, and understanding their lien and collections rights.

Ms. Sigmond is a partner in the Construction and Litigation practice groups at Greenspoon Marder, with over 40 years of legal experience. She specializes in construction and real estate matters, including arbitration, appeals, bid protests, contract preparation, mediation, litigation, receivership, and suretyship. Ms. Sigmond represents clients in construction defect litigation and helps expedite construction projects by ensuring proper contracts are in place. She has a strong background in litigating construction disputes for both public and private sector projects. Ms. Sigmond is well-versed in preparing various contract documents, such as design-build, construction management, guaranteed maximum price, and fixed-price contracts. Additionally, she serves as a mediator and arbitrator for construction and real estate cases with the New York County Supreme Court and the American Arbitration Association. Ms. Sigmond's experience extends to advising on receiverships, having worked with creditors and debtors in various receivership cases. She has played an active role in the New York construction law community, serving as Vice President of the New York State Bar Association and President of the New York County Lawyers Association. Ms. Sigmond is a frequent speaker and author on construction law topics and publishes “The Co-Op Condo Help Line” in the Mann Report.

Mr. Sparacino has more than 30 years' experience handling complex bankruptcy-related matters, including litigation, receiverships, and out-of-court restructurings. He has represented clients in bankruptcy matters throughout the U.S., including secured and unsecured creditors, ad hoc creditors’ committees, statutory creditors’ committees, trustees, equity security holders, companies reorganizing under Chapter 11, DIP lenders, and purchasers of distressed assets and companies. Mr. Sparacino also represents purchasers and sellers of assets, claims and equity interests in distressed situations. In addition, he has represented indenture trustees in connection with bond debt transactions, including new issuances, tender offers, exchange offers, redemptions, amendments, workouts, and bankruptcies. His experience spans several industries, including energy, manufacturing, financial services, technology, and real estate, among others.