COVID-19 has forced employers and businesses to be creative and adapt to new and ever-changing guidance, restrictions, employee concerns, and much more. Fortunately, for some businesses, employees have been able to continue working remotely. For the most part, employers have learned that employees...
Legal Resources & News
Breaking Legal News, Guides & Counsel
UPDATE: Michigan Legislature “Punts” on Making Changes to Marketable Record Title Act Amendment by Extending the Effective Date to 2024
The Michigan legislature recently amended the Michigan Marketable Record Title Act via HB5611 to delay the time period for property owners and associations to record notices to preserve interests and use restrictions until March 29, 2024 – an extension of three years. HB5611 was signed by Governor...
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 example of a contractor who thought...
Moving Your Case Forward with Arbitration and Special Masters
Whoever coined the phrase “justice delayed is justice denied” was certainly not contemplating a global pandemic. And yet, that is precisely what litigants in most state and federal courts are currently facing. In some circuits, even civil bench trials will not begin again until 2023.
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 residential builder’s license is...
Paycheck Protection Program Round 2
On Monday, December 21, 2020, the House and Senate passed the Consolidated Appropriations Act 2021 which provides for additional Covid-19 relief. The President signed the Act late Sunday, December 27, 2020. Among other relief, the Act provides for a new source of Paycheck Protection Program (PPP)...
Now is NOT the Time to Ease Up on COVID-19 Safety and Health Workplace Precautions
Many Michigan businesses are up and running again after the shutdown, although now operating at a new norm. The active Executive Orders relating to COVID-19 contain safety and health workplace guidelines businesses are required to follow if open. Yesterday, the Michigan Occupational Safety and...
UPDATE: Michigan Marketable Record Title Act Amendment Deadline to Preserve Interest and Restrictions Looms as Unanswered Questions Remain
On December 28, 2018, the Michigan legislature passed Senate Bill 671 (“Bill”) which amends the Marketable Record Title Act (“MRTA”). The Bill took effect on March 29, 2019. The “Amendment” to the MRTA provides for a 2-year grace period (until March 29, 2021) for recording a notice to preserve...
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 policy terms required. Many...
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 coverage for a contractor’s own...