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 do now? As my colleague Steve...
Legal Resources & News
Breaking Legal News, Guides & Counsel
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.
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 or groundwater beneath real...
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 when the damage results from a...
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.
Consequential Damages Reign Supreme, But Cannot be Included in a Construction Lien
In the recent case of TSP Services v National-Standard, LLC (Court of Appeals, Sept. 2019), the Michigan appellate court affirmed an arbitrator’s award of consequential damages to a contractor for lost profits, but rejected the arbitrator’s ruling that such damages could be included in a...
Indiana’s Anti-Indemnity Statute Impact Architects, Engineers, and Design Builders
Learn about the impact of Indiana’s Anti-Indemnity Statue on Architects, Engineers, and Design Builders.
Up in Smoke: Michigan’s Marijuana Law and its Applicability to the Construction Industry
Regardless of your personal views on Marijuana use, it is here to stay. For the construction industry, it is important to understand the implications. To summarize the 2019 Michigan Regulation and Taxation of Marihuana Act, it is now legal in the State of Michigan (as opposed to under Federal...
Captive Insurance Update: Limitation on Premium Revenue Increases
On January 1, 2019, the limitation on premium revenue under IRC 831(b) increased from $2.2 million to approximately $2.3 million. This occurred by operation of 26 U.S.C. 831(E), which provides that the $2.2 million limit shall be increased annually by a cost-of-living adjustment rounded up to the next lowest multiple of $50,000.