by Aileen Leipprandt | Apr 11, 2017
By Aileen Leipprandt The Court of Appeals recently enforced an arbitration agreement between a contractor and its subcontractor in a dispute involving indemnity and insurance coverage for a claim by subcontractor’s injured worker. (Spence Bros. v Kirby Steel, March...
by Mark A. Rysberg | Apr 4, 2017
By: Mark A. Rysberg On December 18, 2015, the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) was signed into law. Proponents and sponsors of captive insurance structures often refer to the tax benefits of I.R.C. Section 831(b), which allows eligible...
by Mark A. Rysberg | Mar 29, 2017
By: Mark A. Rysberg Captive insurance entities can be structured in a variety of ways depending on the participant’s needs, goals, and funding abilities. The following are some of the more common structures that can be used. Pure Captive In this model, a captive...
by Mark A. Rysberg | Feb 24, 2017
By: Mark A. Rysberg The concept behind captive insurance companies is based on the principle that rewards are derived from the assumption and retention of risk. Traditional insurance vehicles purchased through third-party agents is directed at shifting definable risks...
by Mark A. Rysberg | Feb 15, 2017
By: Mark A. Rysberg Michigan’s prevailing wage law faces potential repeal in 2017. The first three bills proposed by the Michigan Senate are directed at repealing the laws that require labor on Michigan public construction projects be paid at prevailing wage rates...
by Aileen Leipprandt | Feb 3, 2017
By Aileen Leipprandt The Michigan Court of Appeals recently affirmed a contractor’s right to defense and indemnity from its subcontractor under the plain language of the parties’ subcontract. Provenzino v Macomb County Department of Roads, et al (January 2017). In...
by Aileen Leipprandt | Feb 2, 2017
By Aileen Leipprandt In Center Street Lofts Condominium Association v AZD Associates, Inc., et al (Mich. Ct. App. Dec. 2016), a condominium association sued an architectural firm, AZD Associates, claiming that AZD’s deficient design of the condominium project caused...
by Aileen Leipprandt | Jan 18, 2017
By Aileen Leipprandt The Sixth Circuit Court of Appeals recently affirmed that a surety did not act in bad faith when it settled the claim of its principal contractor against the State of Michigan related to disputes on a prison construction project. Great American...
by Aileen Leipprandt | Jan 9, 2017
You never know what might spark a student’s interest in construction. Such was the case on December 21, 2016, when 10th grade students in the Academy of Design and Construction (ADC) at Grand Rapids Public Schools’ Innovation Central High School enthusiastically...
by Mark A. Rysberg | Nov 15, 2016
Construction Contracts: Flow-Through Provisions Author: Attorney Mark A. Rysberg Construction contracts are intended to define and memorialize the parties’ expectations regarding how they will perform during the course of a construction project. This series will...
by Mark A. Rysberg | Nov 8, 2016
Construction Contract Clauses: Integration Clause Author: Attorney Mark A. Rysberg Construction contracts are intended to define and memorialize the parties’ expectations regarding how they will perform during the course of a construction project. This series will...
