by Hilger Hammond PC | Jun 21, 2017
By Aileen Leipprandt In April 2017, the American Institute of Architects (AIA) released the 2017 editions of its flagship agreements, including the Owner-Contractor Agreement (A101), Owner-Contractor Agreement, Cost Plus a GMP (A-102), the General Conditions of...
by Mark A. Rysberg | Jun 13, 2017
By: Mark A. Rysberg A site investigation clause is a provision in a construction contract that indicates that one of the parties has made an inspection of the property, project, or location where certain services, labor, or material will be provided, and that the...
by Aileen Leipprandt | May 17, 2017
By Aileen Leipprandt Some say it’s better to beg forgiveness than ask permission. That’s not the case when it comes to complying with zoning ordinances, as recently learned by defendants in a zoning enforcement action brought by the Village of Pentwater. In Village of...
by Hilger Hammond PC | Apr 25, 2017
By Daniel Hatch Here’s what we know. On federal projects, the Miller Act requires prime contractors to furnish a payment bond “for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each...
by Aileen Leipprandt | Apr 11, 2017
By Aileen Leipprandt The Court of Appeals recently enforced an arbitration agreement between a contractor and its subcontractor in a dispute involving indemnity and insurance coverage for a claim by subcontractor’s injured worker. (Spence Bros. v Kirby Steel, March...
by Mark A. Rysberg | Apr 4, 2017
By: Mark A. Rysberg On December 18, 2015, the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) was signed into law. Proponents and sponsors of captive insurance structures often refer to the tax benefits of I.R.C. Section 831(b), which allows eligible...
by Mark A. Rysberg | Mar 29, 2017
By: Mark A. Rysberg Captive insurance entities can be structured in a variety of ways depending on the participant’s needs, goals, and funding abilities. The following are some of the more common structures that can be used. Pure Captive In this model, a captive...
by Mark A. Rysberg | Feb 24, 2017
By: Mark A. Rysberg The concept behind captive insurance companies is based on the principle that rewards are derived from the assumption and retention of risk. Traditional insurance vehicles purchased through third-party agents is directed at shifting definable risks...
by Mark A. Rysberg | Feb 15, 2017
By: Mark A. Rysberg Michigan’s prevailing wage law faces potential repeal in 2017. The first three bills proposed by the Michigan Senate are directed at repealing the laws that require labor on Michigan public construction projects be paid at prevailing wage rates...
by Aileen Leipprandt | Feb 3, 2017
By Aileen Leipprandt The Michigan Court of Appeals recently affirmed a contractor’s right to defense and indemnity from its subcontractor under the plain language of the parties’ subcontract. Provenzino v Macomb County Department of Roads, et al (January 2017). In...
by Aileen Leipprandt | Feb 2, 2017
By Aileen Leipprandt In Center Street Lofts Condominium Association v AZD Associates, Inc., et al (Mich. Ct. App. Dec. 2016), a condominium association sued an architectural firm, AZD Associates, claiming that AZD’s deficient design of the condominium project caused...
