Publications for Construction Law
The Michigan Construction Lien Act limits a contractor's right to a construction lien in regard to work performed on residential structures.
Michigan has joined the growing number of states that have enacted the Revised Uniform Arbitration Act. The RUAA includes many important provisions that are intended to improve the efficiencies, and lower the costs, of arbitration. Read about the updates.
For decades, Michigan law has prohibited construction contract language that made one party indemnify or be responsible for another party’s sole negligence. The legislature recently amended this statute.
In Michigan, it is generally common knowledge that contractors may file a construction lien to secure payment for their labor or material costs provided on a project. This article examines whether a contractor’s construction lien will have priority over interests, such as a mortgage, that a bank or another entity has recorded prior to the construction lien.
The Michigan Court of Appeals once again affirmed that an action may not be maintained under the common work area doctrine when the alleged danger does not expose a significant number of workers to a high degree of risk.
A recent decision by the Michigan Court of Appeals provides caution for contractors, subcontractors, laborers or suppliers seeking to file claims of lien on site condominium developments.
Any individual or business with a potential claim for damages against the state or a state agency must pay careful attention to the deadline for filing claims or notices of intent.
The Michigan Court of Appeals held that a contractor’s construction lien was invalid because the contractor failed to record the lien within 90 days after the last furnishing of labor or material for the improvement.
Pursuant to EPA federal regulations, beginning on April 22, 2010 individuals and contractors performing renovations, repairs, or painting activities in homes, child-occupied facilities, and schools built before 1978 must be certified and follow specific work practices to prevent lead-based paint contamination.
On December 1, 2009, the U.S. Environmental Protection Agency issued a final rule establishing Clean Water Act technology-based Effluent Limitations Guidelines and New Source Performance Standards for the Construction and Development Point Source Category.
Building Information Modeling (BIM) refers to software capable of creating "live" virtual three-dimensional, "intelligent" parametric models.
Operating a construction company in Michigan’s current business and economic climate is challenging enough without the additional burden of dealing with contractors who fail to pay subcontractors and materialmen promptly...
Michigan does not have a policy or statute prohibiting the modification of periods of limitation by contract.
Has your company received a ticket for an overweight vehicle lately? If so, Foster Swift can help.
The United States District Court for the Western District of Michigan recently granted judgment in favor of our client against its insurer for a claim involving defective gravel.
Municipalities have been permitted by statute for many years to purchase real and personal property through installment purchase agreements (“IPAs”).
In the fall of 2007, the Associated General Contractors of America (AGC), along with twenty other construction and trade organizations, created and endorsed the new ConsensusDOCS documents to be used as contracts for construction projects.
In October, 2008, the United States Environmental Protection Agency adopted new regulations that may increase recycling opportunities for firms that would otherwise dispose of certain materials as hazardous waste.
In J & J Plumbing and Heating v Tate, J & J sued Foster Swift clients Tate and VanBeelen for an alleged breach of an oral contract to purchase its plumbing business for $400,000.
At long last, the Department of Labor’s Wage & Hour Division has issued the Final Rule under the Family and Medical Leave Act.
Two real estate agents (owners) formed a limited liability company to purchase vacant property.
The credit crunch has affected everyone, but few as hard as the real estate market.
In Michigan, nearly all property is zoned by the local government, more commonly known as either the city, village or township.
To avoid this unexpected expense and exposure in any construction project, it is important for clients to evaluate a construction site for regulated wetlands before commencing work and obtain the necessary permits from the MDEQ before commencing activities in or around wetlands.
Contractors and subcontractors must always remain cautious of every single detail of a project.
Once upon a time, property owners and general contractors could not be held liable for the negligence of independent subcontractors or their employees.
The American Institute of Architects recently published revised versions of some of its key contract documents, many of which had not been revised since 1997.