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.
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Construction
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...
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...
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,...
Proposed Amendment To The Michigan Construction Lien Act
A Conundrum for Residential Builders House Bill No. 4668 (2021), introduced on April 20, 2021, would amend Section 114 of the Michigan Construction Lien Act to impose new requirements on residential builders and Registers of Deeds when it comes to recording a...
12 Tips on Winning the Price Escalation Game
It is no secret that the price of construction materials and equipment is increasing faster than bids are accepted, contracts awarded and projects built. Much has been written and debated about price escalation clauses, Force Majeure and other legal positions, but...
MIOSHA Proposes Permanent Rules on COVID-19
MIOSHA’s Emergency Rules on Coronavirus Disease 2019 were extended without any modifications on April 14, 2021 and are now in effect until October 14, 2021. MIOSHA has also released a draft of the proposed permanent rules which largely mirror the Emergency Rules but...
7 Construction Contract Clauses to Minimize COVID-Related Risk
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...
Don’t Lose Your Lien Rights When You Return To Do Warranty Work
The Kent County Circuit Court recently held that a contractor that returned to a project to perform repairs lost its lien rights because warranty work does not extend the 90-day timeframe in which a contractor must record its lien. The case provided yet another...
Revisions in the Occupational Code a Welcome Change for Commercial Contractors
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...