Photo of Anthony M. Bottenfield

Anthony M. Bottenfield is an Associate in the Firm's Construction Group and concentrates his practice on construction litigation. Anthony represents a wide-range of construction-industry related clients in every stage of litigation from discovery and pre-trial practice to trial, post-trial motions, and appeals. He works on public and private projects and assists clients with filing and defending bond claims and mechanics’ liens. He also represents clients in construction defect matters. Anthony has represented clients in multiple jurisdictions and alternative dispute resolution forums including mediation and arbitration before the AAA and in private settings.

Have you ever been in a situation where your subcontractor or fabricator did not have the financial ability to purchase material needed for a project? Have you ever offered your assistance by way of either directly purchasing the material and providing it to the subcontractor/fabricator or advancing funds to the subcontractor/fabricator to allow for the purchase? While this arrangement has its advantages, contractors should be aware of their exposure, particularly if the subcontractor/fabricator has financial issues down the road. Even though a contractor fronts the funds to purchase the materials, it could lose its interest in those materials to the subcontractor/fabricator’s lender, especially if that lender holds a security interest in the subcontractor/fabricator’s inventory. 
Continue Reading