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Builders trust fund payments: a defense to preference exposure.(credit column)

Business Credit

| November 01, 2008 | Nathan, Bruce | COPYRIGHT 2008 National Association of Credit Management. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

In certain states, suppliers of goods and services for construction projects are the beneficiaries of builders or construction trust fund rights. These states impose a trust on the sums payable by either the project owner to a general contractor, or a general contractor to a subcontractor, for the benefit of their suppliers of material and labor. This trust usually arises without the necessity for any notice or filing that would otherwise be a prerequisite for the creation and perfection of mechanic's lien rights. These state law builders or construction trust fund rights are intended to enhance suppliers' ability to obtain payment of their claims from a ...

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