by W. Jay Brown | Jan 16, 2021 | Construction Law, Real Estate Law
Michigan law allows a contractor who makes an improvement to real property to record a construction lien against the owner of the property to secure repayment. Once the lien is recorded, it is then served on the property owner. This unnerves most homeowners who...
by W. Jay Brown | Jan 27, 2019 | Construction Law, Real Estate Law
In December of 2018, the Michigan Construction Lien Act (CLA) was amended to provide protection for certain design professionals. The CLA now provides specific lien rights and procedures for creating and perfecting lien rights for professional services...
by W. Jay Brown | Jan 16, 2011 | Construction Law, Litigation, Real Estate Law
At the very end of the 2010 term of the lame duck Democratic majority, the Michigan Supreme Court issued its 4-3 decision in Anglers of the AuSable v DEQ and provided a significant victory for Michigan environmentalists. The decision has huge implications. Much of...
by W. Jay Brown | Dec 1, 2010 | Business Law, Construction Law
Recently, the Michigan Court of Appeals released its decision in Cedroni Associates, Inc. v Tombilson, Harburn Associates Architects & Planners, Inc. (docket # 287024, released 11/16/10) which provides new avenues for the disappointed low bidder to challenge the...
by W. Jay Brown | Jan 22, 2010 | Business Law, Commercial Law, Construction Law
Michigan’s statutory conversion statute (MCLA 600.2919a) used to confine its enhanced remedy to those who were wrongfully in receipt of converted assets. However, as it didn’t make sense to treat the person receiving the assets more harshly than the converter, the...
by W. Jay Brown | Jan 22, 2010 | Business Law, Commercial Law, Construction Law
It’s a typical scenario- a subcontractor or supplier is owed money from a contractor but hasn’t perfected a right to a construction lien. The subcontractor or supplier think they are out of luck and are stuck with an uncollectable breach of contract claim against an...