by Hilger Hammond PC | Oct 21, 2017
Grand Rapids construction law attorney Steve Hilger participated in the State Bar of Michigan, Real Property Law Section, Groundbreaker Focused Round Table Discussions. Steve led the discussion on Negotiating a Construction Contract. The program hosted experts in the...
by Hilger Hammond PC | Oct 10, 2017
This is part 1 of a 15-part series on the changes to the AIA A201 General Conditions. This part deals with section 1.1.8. In the 2017 changes, particularly section 1.1.8, there are some fairly significant changes to the Initial Decision Maker clause. The changes are...
by Mark A. Rysberg | Oct 10, 2017
By: Mark A. Rysberg Indemnification provisions frequently appear in construction and commercial contracts. They operate to shift risk from the party being provided indemnification to the party providing indemnification. The principle behind such risk shifting is to...
by Ben Hammond | Sep 6, 2017
From time to time I get asked this question from small business owners. My response is typically a question along these lines, “How attached are you to your boat?” This might sound like a strange response, and it certainly does not apply in all circumstances, but the...
by Hilger Hammond PC | Aug 14, 2017
By Stephen A. Hilger This is Part 2 in a 20-part series of articles dealing with issues of arbitration in the construction industry. Arbitration is voluntary Absent a statute to the contrary, arbitration is a voluntary, contractual process. A court will not require...
by Hilger Hammond PC | Aug 9, 2017
By Stephen A. Hilger This is Part 1 in a 20-part series of articles dealing with issues of arbitration in the construction industry. The question of whether to arbitrate or litigate disputes comes up fairly frequently in the construction industry. From my humble...
by Aileen Leipprandt | Jul 10, 2017
By Aileen Leipprandt Being an additional insured on someone else’s insurance policy does not guaranty protection. Such was the lesson learned by an engineering firm in Orchard Hiltz & McCliment Inc. v Phoenix Ins. Co. and Federated Mutual Ins. Co., (U.S. 6th...
by Mark A. Rysberg | Jun 29, 2017
By: Mark A. Rysberg Many insurance sections of construction contracts contain language whereby the parties involved in the construction project waive all claims against all other parties involved in the project for insurable losses such as property damage and personal...
by Mark A. Rysberg | Jun 29, 2017
By: Mark A. Rysberg A conversion clause arises in the context of contract termination. There are generally two types of termination; termination for cause and for convenience. Each type of termination differs with respect to the basis for termination, as well as the...
by Mark A. Rysberg | Jun 29, 2017
By: Mark A. Rysberg An express trust clause can be used in a construction contract to create a trust over payments received by a contractor or subcontractor. The effect of establishing a trust is that it creates property rights in construction project payments and...
by Hilger Hammond PC | Jun 21, 2017
By Aileen Leipprandt In April 2017, the American Institute of Architects (AIA) released the 2017 editions of its flagship agreements, including the Owner-Contractor Agreement (A101), Owner-Contractor Agreement, Cost Plus a GMP (A-102), the General Conditions of...
