New changes to the Michigan Open & Obvious Law leave Michigan property owners open to more liability lawsuits. Learn more about the comparative fault doctrine and how to protect your business.
Complex & Commercial Litigation
14 Tips on Using Arbitration to Resolve Legal Disputes
Using arbitration can offer parties a speedy and economic resolution to their disputes. Here are 14 best-practice arbitration tips developed from 40 years of both litigator and arbitrator experience.
Driver v Bordeaux: Michigan Builder’s Trust Fund Act Legal Case
Learn about how the Michigan Builder’s Trust Fund Act influenced the ruling in the recent Driver v. Bordeaux legal case.
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...
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
Reading Between the Lines: An Avoidable Insurance Coverage Issue Revealed in Skanska USA Building v. M.A.P. Mechanical
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...
Michigan Supreme Court Issues Landmark Ruling on Construction Insurance Coverage
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...
Phase I Environmental Site Assessments in Commercial Real Estate
A Phase I Environmental Site Assessment, commonly referred to as an “ESA” or “Phase I,” researches current and historical uses of real estate as part of a commercial real estate transaction. A Phase I assesses whether previous real estate uses have impacted the soil...
Construction Defect Coverage: the Michigan Supreme Court revisits the question of whether coverage exists for construction defects under standard commercial general liability policies
An important case for contractors and subcontractors has surfaced at the Michigan Supreme Court. Skanska USA Building, Inc. v. M.A.P. Mechanical Contractors, Inc. raises the question: is property damage coverage under a standard commercial general liability policy...
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...