Bankruptcy Issues in Construction

Date: Tuesday, Dec. 1, 2020  
Time: 12pm PST
Length: 60 minutes
Speakers:    James Bailey, Jay Bender and Anna-Bryce Hobson, Bradley Arant Boult Cummings LLP
Moderator: David Pugh, Bradley Arant Boult Cummings LLP

Open to All

Bankruptcy can be a contractor’s worst nightmare. When bankruptcy strikes a construction project, all members of the project delivery system may be affected. The bankruptcy process can be complicated and frequently has a negative impact on the flow of payments, work and materials. A basic understanding of the law can benefit the construction professional when managing the bankruptcy of a key participant. This seminar will help you understand the unique aspects of the bankruptcy code and specific strategies that can be applied to enforcement of contracts against a debtor or non-debtor as well as lien perfection, enforcement and protection.


James Bailey
James Bailey is a partner with Bradley who has extensive experience with both debtor and creditor representation in bankruptcy, out-of-court workouts and restructurings. He represents contractors and subcontractors enforcing contracts and liens, as well as defending lawsuits arising from construction bankruptcies, such as preference and fraudulent transfer claims. He is the vice chair of the legislation subcommittee for the Business Bankruptcy Committee of the American Bar Association.
Jay Bender
Jay Bender is a partner with Bradley who represents project owners, contractors, subcontractors, suppliers and lenders in distressed construction matters, both in bankruptcy proceedings and in out-of-court restructurings. He is a fellow in the American College of Bankruptcy, an adjunct professor at the Cumberland School of Law where he teaches courses on business bankruptcy, and a founding member of the American Bankruptcy Institute’s Task Force on Veterans and Servicemembers Affairs.
Anna-Bryce Hobson
Anna-Bryce Hobson is an associate in the Construction Practice Group. Prior to joining Bradley, she served as a law clerk for the U.S. Bankruptcy Court for the Western District of North Carolina. She received her J.D. (cum laude) from Wake Forest University School of Law, where she was senior notes and comments editor for the Wake Forest Journal of Business and Intellectual Property and a member of the Wake Forest Moot Court Board. She also served as president of the Wake Forest Trial Bar Association.
David Pugh
David Pugh, a partner at Bradley, represents owners, general contractors, subcontractors, engineers, architects, insurers and sureties throughout the United States, advising his clients at every stage of a construction project. He also serves as ABC’s 2020 Southeast region vice chair. He has been an active member of the ABC Alabama Chapter since 1998 and served as its chair in 2017.