What's In A Name? Perhaps A Large Judgment

摘要

Many plaintiffs face a two-pronged hurdle in pursuing their legal remedies. Not only must a party obtain a valid judgment from a court or arbitrator; it must also evaluate the "collectibility" of that judgment. One prerequisite for collecting on a judgment is that the plaintiff must have sued the correct legal entity at the outset. Although it sounds like a simple proposition, a party signing a contract may not be the party actually performing the work. Likewise, the party performing the work may not be the party executing the change orders. Rockin Restaurants, Inc., v. Bolton Construction Co., Inc., underscores the difficulties one project owner recently experienced in keeping track of the precise legal entity it was doing business with and in suing the appropriate party.