By Andy Hilger Consequential damages and contractual waivers of the same are commonplace in the construction industry. However, when the rubber meets the road, parties often disagree about what actually falls into the bucket of consequential damages. In Michigan,...
In the ever-increasing race to protect against contract risk brought on as a result of the pandemic, some obvious contract clauses are negotiated while others are left untouched. Some of those untouched clauses can wreak havoc on contract risk. In addition, early...
Michigan courts have been wrestling with the boundaries of the Occupational Code and statutory requirements relating to residential builder’s licenses, mixed-use housing projects, and commercial construction. Perhaps the most notable question has been whether a...
On Monday, December 21, 2020, the House and Senate passed the Consolidated Appropriations Act 2021 which provides for additional Covid-19 relief. The President signed the Act late Sunday, December 27, 2020. Among other relief, the Act provides for a new source of...
On December 28, 2018, the Michigan legislature passed Senate Bill 671 (“Bill”) which amends the Marketable Record Title Act (“MRTA”). The Bill took effect on March 29, 2019. The “Amendment” to the MRTA provides for a 2-year grace period (until March 29, 2021) for...
Insurance coverage is an integral part of the construction process. The contract documents rely on insurance to facilitate the risk allocation and risk transfer needs of the project. These contractual specifications lay out the types of coverage, policy limits, and...
On June 29, 2020, the Michigan Supreme Court issued a unanimous opinion in a case with wide ranging implications for all contractors in Michigan who purchase CGL insurance. In a break from over thirty years of established law, the Court held that there “may” be...
Billy Joel was recently sued for copyright infringement when he terminated the contractor he hired to perform renovations to his Oyster Bay mansion and hired a new one to carry out the job instead. Although what typically comes to mind when one thinks of copyright...
Whether you are a commercial landlord or tenant, COVID-19 has likely impacted your business. And in many cases here in Michigan it has specifically impacted the ability of tenants to pay rent while unable to operate their businesses. As such, many commercial landlords...
Last night the Senate passed a House bill that attempts to give recipients of PPP loans more flexibility in spending PPP loan proceeds. Assuming the President signs the bill, there are 5 main changes: recipients will have 24 weeks to use the PPP funds instead of 8,...