Mark Rysberg Publications

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...

Managing Cash-Flow during the COVID-19 Crisis for Compliance with the Michigan Builders’ Trust Fund Act

The Great Recession is still fresh in many people’s minds. Those involved in the construction industry certainly recall how those economic problems resulted in tightening cash-flow and the demise of contractors such as Lamar Construction. The present crisis is causing...

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...

Captive Insurance – Do the Changes to the 2018 Corporate Tax Rates Impact the Viability of 831(b) Captive Insurance Programs?

By: Mark A. Rysberg The short answer is: no. From the perspective of some people, the reduction in the corporate tax rate from the rate that existed in 2017 to the rates that will be applied in 2018 eliminates the incentives for captive insurance participants to elect...