By Benjamin H. Hammond and Jill Kaufman Miller, Esq. Every real estate contract must, unless agreed to otherwise, convey what is known as “marketable title”. The courts have defined marketable title as title that is free from encumbrances and assures the purchaser of quiet and peaceful enjoyment...
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Captive Insurance Programs Improve a Contractor’s Bottom Line
By Mark Rysberg, Esq. and Daniel Hatch, Esq. Attorneys Mark A. Rysberg and Daniel J. Hatch of Hilger Hammond recently authored a comprehensive article in CFMA Building Profits magazine regarding captive insurance programs and how they can improve a contractor’s bottom line. The article focuses on...
Repeal of Prevailing Wage Constitutional Challenges Rejected
By Mark Rysberg, Esq. In 2018, the Michigan Legislature repealed Michigan’s prevailing wage statute following a citizen led initiative to repeal the same. A group supporting prevailing wage law, Protect Michigan Jobs, recently challenged the validity of the repealing statute arguing that the...
A Rocky Road Ahead for Design Professionals
An Analysis of the Ric-Man Construction v Neyer, Tiseo & Hindo decision. By Stephen A. Hilger, Esq. For many years under Michigan jurisprudence, design professionals have avoided the high cost of litigation because they were legally insulated from claims from anyone with whom they did not have...
Will There Be Discovery in Arbitration?
By Stephen A. Hilger, Esq. This is Part 9 in a 20-part series of articles dealing with issues of arbitration in the construction industry. One of the most expensive components of litigation is discovery. Discovery in court can go on seemingly interminably with multiple depositions of multiple...
Changes to the 2017 AIA A201 General Conditions: Sections 1.6.1 and 1.6.2 Regarding Notice
By Stephen A. Hilger, Esq. This is part 3 of a 15-part series on the changes to the AIA A201 General Conditions. This part deals with the Notice sections 1.6.1 and 1.6.2. Notice method provisions were formerly in section 13.3 of the General Conditions. Now,...
What Rules Govern Your Arbitration?
By Stephen A. Hilger, Esq. This is Part 8 in a 20-part series of blogs dealing with issues of arbitration in the construction industry. Once you are in arbitration, the rules of engagement do not mysteriously appear. Since arbitration is a creature of contract, you must look to the contract...
How to Choose an Arbitrator for Your Case
Choosing an arbitrator is considerably more art than science. People will tell you they want an arbitrator who is fair and who will listen to the case with an open mind. The reality is, litigants want an arbitrator who will most likely view the world the way they do and will attempt to choose an arbitrator who is a most likely candidate in this regard. To accomplish this, there are several ways to select an arbitrator.
Is Retainage Reform Around the Corner in Michigan?
Retainage is often thought of as a necessary evil in the construction industry. General contractors and owners see it as a guarantee on a subcontractor’s work in the event of non-performance. Subcontractors often view retainage negatively because, in some instances, it means they are essentially financing the job.
Captive Insurance Opportunities Using Contractor Controlled Insurance Programs (CCIPs)
By: Mark A. Rysberg Captive insurance within the building construction industry is well established. Such programs are generally developed to reduce insurance premium costs and to approach risk management from a strategic perspective. Captive insurance programs can provide additional strategic...