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When an OTS (“Other-than-Serious”) citation is issued, it can be tempting to view it as a cost of doing business and simply pay the relatively low penalty amount and move on. However, employers should always consider the merits of the citation and the likelihood your company could be cited again for the same conduct.
Last year, the cost of construction disputes totaled $42.8 million! This article explains their common causes and the best practices for construction dispute resolution.
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.
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 largest public investment in...
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 mechanical contractor might be...
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, consequential damages can...
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 construction lien on residential...
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 what is needed are some...
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 make some modifications to the...
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 efforts to negotiate contracts...