Recent Trial Victory for Mechanical Contractor in St. Clair Circuit Court
Senior Partner Ronald Deneweth and Partner Jacob Kahn obtained a favorable result in a breach of contract and lien bond dispute on behalf of a mechanical contractor that performed work on the historic St. Clair Inn. For over two years, the owner refused to acknowledge the properly performed work of the mechanical contractor and made…
Read MoreSwearing In
Attorneys Ron Deneweth and Anthony Vittiglio were honored to present newly admitted attorney Mary Allor to the Honorable David Allen of the Wayne County Circuit Court for admission to the State Bar of Michigan on November 27, 2023 in a private ceremony with her family present. Mary graduated from Wayne State University Law School and…
Read MoreThe importance of proper notice for construction claims
A construction contract serves many purposes, but the overarching goal is to allocate the risks that come with the project between all involved parties. In many cases, these contracts will include provisions about the need to provide notice for various events that could have a negative impact on the project. These events can include issues…
Read MoreConstruction disputes are common: How do you resolve them?
There may be commercial realms more diffuse and complex than the construction industry. But that is debatable. Indeed, the vast and varied American construction sphere certainly qualifies as a top entrant on any list of business categories spotlighted by sheer scope and variance. Take its principal actors, for starters. It is more commonplace than a…
Read MoreRisks faced by contractors for working without a change order
Construction projects are not always simple, and some continue to evolve even after the work has begun. Complications and challenges surface during many steps in the construction process, many of which were unexpected during the initial planning stages. While the contractor follows guidelines from the contract, sometimes, the owner requests changes in the original plan.…
Read MorePreserving a Construction Lien in Michigan
For general contractors, subcontractors and suppliers in Michigan, the construction lien is one of the most powerful legal tools they have to get paid for their work. Knowing how to enforce a construction lien is key. Here are the ways a subcontractor can preserve a construction lien and enforce it against a contractor, developer or…
Read MoreEpps vs. 4 Quarters Restoration
In Epps v 4 Quarters Restoration, LLC et al, No 147727, 2015 WL 5684196 (Mich Sept 28, 2015), the Michigan Supreme Court had occasion to provide additional guidance upon the application of MCL 339.2412(1), which limits an unlicensed builder’s ability to sue to collect compensation for work performed. Our Supreme Court held that the statute does…
Read MoreWindrush, Inc, v Lee Van Poppering, Shagbark Development, Inc, and Northland Management, Inc
The Michigan Court of Appeals recently affirmed personal liability for violations under the Michigan Builders Trust Fund Act, MCL 570.151 et seq. (“MBTFA”) in Windrush, Inc, v Lee Van Poppering, Shagbark Development, Inc, and Northland Management, Inc, unpublished opinion per curiam of the Court of Appeals, issued September 10, 2015 (Docket No. 315958). The building…
Read MoreMiller-Davis v Ahrens
Subcontractors could face protracted liability for work performed on prior projects according to a recent decision of the Michigan Supreme Court, where a contractor sought and obtained indemnification from its subcontractor, even though the court held the statute of limitations barred recovery on the subcontract itself. In Miller-Davis Co v Ahrens Construction, Inc, 495 Mich…
Read MoreLawrence M Clarke, Inc v Draeger et al
The Michigan Court of Appeals recently issued an unpublished opinion that gives guidance to construction law practitioners and contractors. In Lawrence M Clarke, Inc v Draeger et al, Plaintiff was a general contractor engaged to construct a public sanitary sewer system. Plaintiff accepted its subcontractor’s proposal, added a profit margin of 12%, and essentially submitted…
Read More