Learn how the recent MDH Construction v Asquith ruling affirms that residential construction, builders who fail to document changes to a contract in writing forfeit their lien rights.
Legal Resources & News
Breaking Legal News, Guides & Counsel
FAR Rule TikTok Ban for Contractors Working on Government Projects
On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule prohibiting the presence and use of the social media app TikTok and any successor application or service developed or owned by ByteDance Limited. This ban applies to federal contractors and subcontractors...
Succession Planning: Protecting Your Business Against Uncertainty
While many organizations understand the importance of succession planning, few take the time to develop and implement effective strategies. In this article we examine how to get started.
ABC’s of 1031 Exchange
Learn the ins-and-outs of 1031 exchanges and how to maximize your tax savings in real estate.
Federal Agencies Grant Short Temporary Waiver of New “Buy America” Requirements
By: Christopher E. Nyenhuis and Mark A. Rysberg On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act (IIJA) into law. The IIJA appropriates $1.2 trillion in funding for physical infrastructure improvements. This represents the largest public investment in...
Mediations: Should They Be Held Live or By Zoom?
Mediations: To Zoom or not to Zoom, that is the Question… The Pandemic brought many challenges, but it also presented opportunities. One of those opportunities was participating in litigation mediations via Zoom. At first, there was a general reluctance to utilize online services such as Zoom for...
Delegated Design and Potential Liability
The construction industry is ever-changing and always looking for new ways to save costs and improve speed, quality, and efficiency. A common tool employed to achieve these goals is the delegation of certain design responsibilities for the project. For example, a mechanical contractor might be...
6th Circuit Holds No “Direct Physical Loss” From COVID for Restaurants and Entertainment Venues
Brown Jug, Inc v Cincinnati Ins Co Holds no "Direct Physical Loss" In Brown Jug, Inc v Cincinnati Ins Co, the plaintiffs, restaurants and entertainment venues, made claims against their respective commercial insurance policies alleging a loss of income as a result of COVID-19 and the related...
Non-Competition Agreements: Protect Your Company from the Effects of the Great Resignation
In November 2021, over 4.5 million Americans quit their jobs. That’s about 3% of the total workforce. It continues a trend that existed throughout 2021. Employees coming and going is a fact of corporate life, but the Great Resignation makes it more important than ever to protect your company from...
The Ambiguous Nature of Consequential Damages
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, consequential damages can...