Archive for Construction Law

Michigan Professional Service Liens

  • January 27th, 2019
  • W. Jay Brown
  • Comments Off on Michigan Professional Service Liens

  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 in the…

Environmentalist Victory Short Lived?

Environmentalist Victory Short Lived?

  • January 16th, 2011
  • W. Jay Brown
  • Comments Off on Environmentalist Victory Short Lived?

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…

Disappointed Bidders on Public Projects

Disappointed Bidders on Public Projects

  • December 1st, 2010
  • W. Jay Brown
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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 bid process…

Statutory Conversion Creativity

Statutory Conversion Creativity

  • January 22nd, 2010
  • W. Jay Brown
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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 Powerful Remedies of the Builders Trust Fund Act

The Powerful Remedies of the Builders Trust Fund Act

  • January 22nd, 2010
  • W. Jay Brown
  • Comments Off on The Powerful Remedies of the Builders Trust Fund Act

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…