As you no doubt know by now, Executive Order 2020-21 suspended “activities that are not necessary to sustain or protect life.” The Order directs that no person or entity shall operate a business or conduct operations that require workers to leave their homes or places...
Contract Terms
Federal Families First Coronavirus Response Act: What Employers Need to Know
On Wednesday, March 18, 2020, the U.S. Senate approved, and President Trump signed, the “Families First Coronavirus Response Act” (the “FFCRA” or “Act”) into law. The Act becomes effective within 15 days on April 2, 2020. The Act addresses and responds to growing...
Recommendations for Navigating the Coronavirus (COVID-19) in the Construction Industry
As the impact of the coronavirus gathers steam, we are just beginning to feel the repercussions – imperiled labor force, supply chain disruption, project shutdowns, enormous financial disruption, unsettling uncertainty. All this may leave you asking – What should I...
The Coronavirus and Construction Contract Performance Responsibilities
Read an update on how the Coronavirus affects construction contract performance responsibilities.
COVID-19 & Insurance Coverage for Business Interruption
Parties use insurance to transfer risks inherent in their business activities. As to potential insurance coverage for business interruption caused by COVID-19, the general outlook is unfavorable as most policies will exclude personal injury or property damage caused by a communicable disease.
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...
Indemnity Obligations: the “In-Law” That Won’t Move Out
Contractors and subcontractors should be aware of their lingering liability under contractual indemnity provisions that might currently be overlooked. These obligations and the potential for liability can outlast other types of contract claims because they might not accrue until long after the project is done.
AIA-2017—The Oxford Comma Reigns!
Every 10 years, the American Institute of Architects (AIA) releases updated editions of its flagship design and construction agreements, the most recent of which AIA published in 2017. The 2017 revisions were unexceptional. For the most part, commonly negotiated...
Changes to the Marketable Record Title Act Could Impact Closings
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...
Attorneys Hammond and Leipprandt Present at Joint Meeting of ASA/CFMA on May 9, 2018
Attorneys Ben Hammond and Aileen Leipprandt will present “Out With The Old, In With The New – 2017 AIA Document Updates,” at a joint meeting of the Construction Financial Managers Association of West Michigan and the American Subcontractors Association of Michigan, on...