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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...
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...
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...
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...
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...
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 ("MBTFA") in Windrush, Inc, v Lee Van Poppering, Shagbark Development, Inc, and Northland Management, Inc, unpublished...
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...
The Michigan Court of Appeals recently issued an unpublished opinion that gives guidance to construction law practitioners and contractors.In Lawrence M Clarke, Inc v Draeger et al, Plaintiff was a general contractor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...
The Michigan Court of Appeals recently provided guidance on how to better determine whether a private construction project should be considered a "residential structure" for purposes of construction lien rights under the Michigan Construction Lien Act. The Lien Act...
Injured parties claiming professional malpractice against licensed design professionals must present expert testimony to establish breach of the standard of care which would permit a reasonable inference of causation according to the Michigan Court of Appeals in a...