Construction Litigation and Mechanics Liens

This area of practice includes both residential and commercial construction. Mr. Campbell represents both property owners and contractors in Court. A practice in construction litigation would not be successful without familiarity with the statutory mechanics lien. A mechanics lien is a statute imposed lien on real property that is imposed by simply filing the complaint. It can single-handedly stop a real estate settlement or refinancing. Many attorneys fear mechanics liens because of their requirement that the lien strictly adhere to the statutory requirements. Conversely, over the years Mr. Campbell has handled several cases which have created law in Delaware and been reported in the various court reporters.

Fringer v. Kersey Homes, Inc.

The case is about a fraudulent transfer between insiders in order to avoid a judgment. The Fringers (our clients) obtained a judgment against Kersey Homes, Inc. a modular homes dealer. Prior to the judgment, Kersey Homes relocated its only remaining asset, a modular home, and placed it on a permanent foundation on a lot owned by another company which was owned by the same family. The Court of Chancery found that Kersey Homes, Inc., and the other recipient company, Living Enterprises, LLC, had engaged in a fraudulent transfer in violation of the Delaware Fraudulent Conveyance Act.