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...
Construction Law
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...
Even Billy Joel Didn’t Own the Copyright to His Architectural Plans – Don’t Make This Mistake When Building Your Dream Home
Billy Joel was recently sued for copyright infringement when he terminated the contractor he hired to perform renovations to his Oyster Bay mansion and hired a new one to carry out the job instead. Although what typically comes to mind when one thinks of copyright...
Solutions to Nonpayment Defaults for Commercial Landlords and Tenants in the Wake of COVID-19
Whether you are a commercial landlord or tenant, COVID-19 has likely impacted your business. And in many cases here in Michigan it has specifically impacted the ability of tenants to pay rent while unable to operate their businesses. As such, many commercial landlords...
5 Changes to the Paycheck Protection Program
Last night the Senate passed a House bill that attempts to give recipients of PPP loans more flexibility in spending PPP loan proceeds. Assuming the President signs the bill, there are 5 main changes: recipients will have 24 weeks to use the PPP funds instead of 8,...
The Hilger Hammond Construction Forecast – May 19, 2020
The Construction Forecast 2020 presents trends and potential hurdles from issues we are hearing “on the street” and offers insight from a legal counsel perspective.
Paycheck Protection Program Update
Banking on forgiveness of your Paycheck Protection Program (PPP) loan, that may not be your biggest problem…. remember the certifications in your PPP loan application? The SBA has decided that it will review all loans in excess of $2 million as well as other loans as...
The Hilger Hammond Construction Forecast – May 12, 2020
This Construction Forecast presents trends and potential hurdles from issues we are hearing “on the street” and offers insight from a legal counsel perspective. As construction sites reopen, many owners and contractors are requiring waivers and releases related to...
Good News for Real Estate Closings During the COVID-19 Pandemic: Executive Order Temporarily Permits Electronic Notarization
On April 8, 2020, Governor Gretchen Whitmer signed Executive Order 2020-41 (the “Order”), which temporarily relaxes strict compliance with various state electronic transaction acts. According to the Governor, “[I]t is reasonable and necessary to provide limited and...
COVID-19 and Nonprofits: How to Operate Virtually
The Governor’s Stay at Home Order is now extended through April 30. Many nonprofit organizations will, at a minimum, need to conduct essential functions and board business during this time. How can this task be accomplished? Fortunately, Michigan nonprofit law...