Publications 30.05.2022

Construction during Bankruptcy


Bankruptcy is a complex legal process that can significantly impact various industries, including the construction sector. Construction companies facing financial distress often encounter a unique set of legal challenges. This article explores some of the key legal issues that construction companies may encounter during bankruptcy proceedings.

1. Contractual Obligations

One of the primary challenges for construction companies in bankruptcy is dealing with existing contracts. These contracts may involve ongoing projects, subcontractors, suppliers, and other stakeholders. The bankrupt company must decide whether to continue or terminate existing contracts, which can have significant legal and financial implications.

2. Mechanics' Liens and Claims

Construction companies often have mechanics' liens against properties where they have provided labor or materials. These liens are a legal claim on the property to secure payment for services rendered. When a construction company files for bankruptcy, mechanics' liens can become complex issues to resolve, as they may conflict with other creditors' claims.

3. Priority of Claims

The bankruptcy process involves prioritizing the claims of various creditors. Secured creditors, such as banks holding mortgages or liens, are typically paid first. Construction companies may find themselves in competition with other secured and unsecured creditors for a share of the remaining assets. This can lead to disputes over the priority of claims.

4. Subcontractor and Supplier Disputes

Subcontractors and suppliers who have provided goods or services to a bankrupt construction company may face difficulties in obtaining payment for their work. This can lead to legal disputes and potentially impact the progress of ongoing projects.

5. Performance and Completion Bonds

Construction companies often provide performance and completion bonds to assure project owners that the work will be completed as agreed. In the event of bankruptcy, these bonds may be called upon, and the surety company may become involved in the legal proceedings.

6. Environmental Compliance and Remediation


Construction projects must adhere to environmental regulations. Bankrupt construction companies may face legal challenges related to compliance with environmental laws and any required remediation efforts on project sites.

7. Employee and Labor Issues

Bankruptcy can have significant implications for a construction company's workforce. Employees may face uncertainty about their job security, and labor unions may become involved in negotiations related to wages, benefits, and job retention.


Bankruptcy can be a complex and challenging process for construction companies. Navigating the legal landscape requires careful consideration of existing contracts, claims, and obligations. Engaging experienced legal counsel with expertise in both construction and bankruptcy law is crucial to help construction companies mitigate potential risks and find the best possible outcome during this challenging time. By addressing these legal challenges effectively, construction companies can work towards stabilizing their financial situation and, potentially, re-emerging as viable entities in the industry.