Wayne State University Law School, J.D., 1978
University of Michigan, B.A. 1975
Lawrence M. Dudek specializes in commercial real estate litigation, including foreclosure, receivership, construction claims (defects, delays, impacts), secured loan workouts, lender liability defense, fraudulent conveyances and transfers.
• Represented national construction manager regarding claims in excess of $70 million involving construction of NFL football stadium.
• Represented joint venture of national construction managers in resolution of claims by trades involving construction of MLB ballpark.
• Represented national construction manager on claims involving high-rise hotel situated within General Motors' world headquarters.
• Represented public utility in defense of action filed by process piping contractor asserting a multitude of claims aggregating $5 million for claimed added scope and alleged design deficiencies resulting in increased costs, inefficiencies and delays with respect to a compressor project.
• Represented affiliate of public utility in defense of a suit filed by contractor for additional compensation in excess of $1 million in connection with a contract for steel and equipment erection at generating station site alleging failure to provide material and equipment, complete foundation work and obtain necessary permits in a timely manner.
• Extensive experience in construction lien proceedings, payment and performance bond enforcement, judicial mortgage foreclosure proceedings and post-judgment enforcement of real estate liens and interests.
• Represented captive finance company of OEM in distressed dealer loans in excess of $80 million, successfully transitioned ownership of dealership through Bankruptcy Section 363 sale and achieved dismissal of lender liability suit.
• Represented national bank in proceedings to enforce $13.2 million construction loan mortgage; defense of lender liability claims by borrower and multiple construction lien claims involving a partially completed high-rise luxury condominium project. Client ultimately made note sale of loan documents and was dismissed from the case.
• Represented commercial bank co-lenders in receivership, foreclosure and assignment of sheriff's deeds regarding $35 million loan secured by real estate mortgage on medical office building facility.
• Represented commercial bank lender for loan enforcement of residential construction loans and defense of lender liability claims. Republic Bank v. Modular One, LLC, 232 Mich.App. 444, 91 NW2d 555 (1998).
• Represented lenders (principally life insurers and commercial banks) in large number of commercial real estate loan workouts, foreclosures, deed in lieu transactions, receivership sales and related real estate proceedings.
• Represented equipment financier in foreclosure and repossession of equipment owned by substantial road building company.
• Represented multiple asset based lenders in enforcement of security interests in state court, federal court, and bankruptcy proceeding as well as out-of-court agreements for surrender of assets.
• Represented commercial lenders in working with criminal authorities to prosecute auto dealers for fraudulent transactions involving borrowings.
• Counsel for landlord in proceeding to enforce administrative expense claim in bankruptcy proceeding of automotive supplier. In re Plastech Engineered Products, Inc., et al, Debtors, 2009 Bankr. Lexis 932 (Bkrtcy. E.D. Mich 2009) (counsel for International Products Warehouse, L.L.C.)
• Represented forwarder of retail repossession accounts in defense of purported class action filed by competing repossession agent. Badeen v. PAR Inc., 2014 W: 268068 (Mich. S.Ct 2014)
• Achieved a multimillion dollar settlement of a highly contentious claim for breach of a letter of intent between two parties which had an ongoing business relationship. This was accomplished through effective use of a mediated process.
• Represented national consumer products company in defense of claims by bankruptcy trustee of a corrugated box company arising out of fraudulent scheme involving factoring of invoices. In re United Container LLC; E.S. Bankest LLC v. United Florida Beverage, LLC, 284 B.R. 162 (Bkrtcy S.D. Fla 2002)
• Represented purchaser of industrial tank cleaning operation in resolving dispute over prior tax sale of property.
• Represented international manufacturer of laminate flooring in defense of claims asserted by bankruptcy trustee for recovery of amounts in excess of $100 million based upon investment in retail flooring operation of debtor and breach of fiduciary duty and conflict of interest allegations.
• Represented owner of insurance agency in successful defense of claim by former owner to set aside stock sale based upon alleged duress and undue influence.
• Represented sports agency in obtaining dismissal of suit for commissions on NBA signings to compel matter submission to arbitration. Kim J. Grillier v. CSMG Sports, Ltd. et al, 2009 WL 1689601 (E.D. Mich 2009)
• Represented automotive supplier in defense of commission claims by former salesman.
Reported and Published Decisions
Badeen v. PAR, Inc., 496 Mich 75, 853 NW2d 303 (2014)
In Re Plastech Engineered Products, Inc., et al., Debtors, 2009 Bankr. Lexis 932 (Bkrtcy E.D. Mich 2009) (counsel for landlord, International Products Warehouse, LLC)
Kim J. Grillier v CSMG Sports, Ltd., et al., 2009 W.L. 1689601 (E.D. Mich 2009)
In Re United Container, LLC; E.S. Bankest, LLC v United Florida Beverage, LLC., 284 B.R. 162 (Bkrtcy S.D. Fla 2002)
Crown Life Insurance Company v Hicks, 1994 U.S. Dist Lexis 5562 (E.D. Mich 1994)
Federal Deposit Ins. Corp. v Hershiser Signature Properties, 777 F. Supp. 539 (E.D. Mich 1992)
Southern Floridabanc, S.A. v Feldman, 703 F. Supp. 627 (E.D. Mich 1989)
Republic Bank v Modular One LLC, 232 Mich. App. 444, 91 NW2d 555 (1998)
Faber-Plast GmbH v Kleinert, 997 F. Supp. 846 (E.D. Mich 1998)
Executone Business Systems Corp. v IPC Communications, Inc., 177 Mich App 660 (1989)
C. Robert Wartell Distinguished Service Award, State Bar of Michigan Real Property Section, 2014
Best Lawyers in America, Construction Law, Real Estate Law 2006-2011; Litigation-Construction and Litigation-Real Estate 2012-present; 2017 Detroit Litigation-Real Estate Lawyer of the Year
Michigan Super Lawyers, Real Estate 2006-present
DBusiness Magazine, Top Lawyers, Construction Litigation and Construction and Real Estate Law 2011-present
American Bar Association, Creditors' Rights Committee of Business Law Section; Forum on Construction Industry
State Bar of Michigan, Real Property Law Section, Chair, 2003-04; Chair-elect, 2002-03; Vice-chair, 2001-02; Secretary, 2000-01; Council Member, 1997-present; Chairman, Continuing Legal Education Committee, 1997-00; Chairman, Special Committee on Construction Law, 1993-97; Michigan Land Title Standards, July 2004-present
Federal Bar Association, Bankruptcy Section
American College of Real Estate Lawyers (ACREL), Fellow 2005
Oakland County Bar Association
Detroit Metropolitan Bar Association, Debtor-Creditor Committee
Civic, Cultural & Social Activities
Detroit Future City, Board Member, 2014-present
"Commercial Lease Defaults and the Remedies of Landlords, Tenants, and Lenders," Institute of Continuing Legal Education, Plymouth, Michigan, May 3, 2012
"The Troubled Real Estate Project – Opinions & Answers," Co-sponsored by ICLE and State Bar of Michigan Real Property Law Section, November 19, 2009
"Tis Better to Receive – The Use of a Receiver in Managing Distressed Real Estate," American College of Real Estate Lawyers, October 30, 2009
"Commercial Real Estate Defaults and Workouts," ALI ABA, April 28, 2009
"Handling Commercial Real Estate Defaults: Workouts," ABA Teleconference, January 22, 2008
"The Landlord's Pre and Post Petition Claims," American College of Real Estate Lawyers, Spring 2008
"Homeward Bound 2007-2008. Current Issues in Construction Law," Co-sponsored by ICLE and State Bar of Michigan Real Property Law Section, February 2008
"Bankruptcy Sale and Lease Issues – Mastering the Maze," ICLE/Real Property Law Section, November 2007
"Receivership From a Legal Perspective," Lorman Education Services on Foreclosure and Repossession in Michigan, October 24, 2007
"When the Bubble Bursts: How Does the Real Estate Attorney Plan for a Downturn in the Economy," Real Property Law Section, State Bar of Michigan, May 2001
"Michigan Foreclosure and Repossession", National Business Institute, January 2001, October 2002, November 2003
"Commercial Loan Litigation, Legal Defenses, and Lender Liability," ICLE Commercial Lending Institute, October 1998
"Commercial Lending in Michigan," National Business Institute, July 2002
"Effective Mortgage Foreclosure Techniques in Michigan" (NBI), April 2004
"Commercial Real Estate Workouts" (Lorman), March 2004
"Non-consensual Real Property Liens," Real Property Law Section, State Bar of Michigan, March 1998
"Getting Paid in the Construction Industry," Sponsored by the Construction Association of Michigan, 1994-98
"Construction Development," Real Property Law Section, State Bar of Michigan, January 1996
"Advanced Collections in Bankruptcy," National Business Institute, September 1994
"Michigan Mortgage and Land Contract Foreclosures, ICLE," June 1994 and June 1997
"A Real Estate Lawyer's Guide through the Maze of Non-consensual Liens," Real Property Law Section, State Bar of Michigan, October 1993
"Remedies of Lenders and Landowners," Real Property Law Section, State Bar of Michigan, December 1990
"Construction Law," ICLE, November 1989, October 1983, and March 1997
"Representing the Corporation when Customers or Suppliers Goes into Bankruptcy," Business Law Section of the State Bar of Michigan, April 2002
Instructor for Bankruptcy Trial Advocacy Workshop presented by the Federal Bar Association, Detroit Chapter, Bankruptcy Section, March 1994
Case Comment, "Right of Contractor to Receive Payment of Interest Earned on Cash Bond," Michigan Real Property Review, Winter 2002
Case Comment, "Application of 90-Day Requirement for Recording a Claim of Lien" Michigan Real Property Review, Spring 2002
"Construction Rights and Remedies," Michigan Bar Journal, November 2001
"Enforceability of the 'Pay-if-Paid' Provision in a Construction Contract," Michigan Real Property Review, Summer 1996
Mortgage Foreclosure and Receivership
"Strategic Use of a Real Estate Receiver or Bankruptcy as an Alternative to Foreclosure," Michigan Business Law Journal, Spring 2010
"Dealing with the Distressed Real Estate Project," Michigan Real Property Review, Winter 2006
"Mortgage Foreclosure and Related Remedies under Michigan Law," Michigan Real Property Review, Winter 2003
Case Comment, "Mergers Resulting from Use of Deed in Lieu of Foreclosure," Michigan Real Property Review, Spring 2002
"The Uses of a Real Property Receivership," Michigan Real Property Review, Summer 1994
"The Landlord's Pre and Post Petition Claims when the Tenant Files for Bankruptcy," 35 Michigan Real Property Review 184 (2008)
"What Every Lawyer Should Know about Business Insolvency Proceedings," Laches, Oakland County Bar Association, July 1997
"Remedies of the Subcontractor or Supplier when the Owner or General Contractor Files for Bankruptcy," Michigan Real Property Review, Summer 1992
Liens and Security Interests
"Building an Effective Workout Strategy for Contractor Clients" (Co-author), Journal of Corporate Renewal, March 2015
"Judgment Liens: A Problem for the Real Estate Industry," Michigan Real Property Review, Spring 2011
"Construction Liens," Michigan Bar Journal, December 2003
"Recovery of Interest or Finance Charges in Construction Lien Foreclosure Actions," Michigan Real Property Review, Summer 1987
Case Comment, "Enforceability of Oral License for the Use of Real Property," Michigan Real Property Review, Winter 2002
"The Role of Insurance," Litigating the Commercial Case, (ICLE 1992)