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New Law Expands Protection of Michigan's Anti-Indemnification Law 14 Jan 2013 | 08:37 pm
The final days of 2012 saw a flurry of activity by the Michigan Legislature. Among the new legislation passed during an historic lame duck session was a significant legislative victory for contractors...
Federal Court Strikes Down Michigan Law Barring Project Labor Agreements, Finds that National Labor Relations Act Preempts State Law 6 Mar 2012 | 04:32 pm
On February 29, 2012, U.S. District Judge Victoria Roberts issued an Order striking down the "Michigan Fair and Open Competition in Government Construction Act" (PA 98 of 2011) finding that its limits...
Test Wells Count as "Actual Physical Improvement" for Lien Priority, Michigan Court of Appeals Rules 1 Mar 2012 | 04:20 pm
Test wells installed by a potential buyer prior to closing constituted a physical improvement, allowing a construction lien to attach prior to buyer’s closing and giving the lien priority over a mortg...
SB 77 Signed into Law by Governor Snyder 8 Oct 2011 | 02:44 am
On October 4, 2011, Governor Rick Snyder signed SB 77 into law (now PA 162 of 2011). As we noted here, the new law solves the problems created by the Michigan Supreme Court's 2006 Ostroth ruling. Th...
Statute of Limitations: Ostroth Overturned by SB 77, New Law Takes Effect January 1, 2012 24 Sep 2011 | 04:33 am
By: Gary D. Quesada, Esq Cavanaugh & Quesada, PLC One of the most effective defenses to a lawsuit is the statute of limitations. Limitations periods created by statute are grounded in public policy ...
Federal Lawsuit Challenges Legality of Michigan's New PLA Legislation (PA 98) 23 Aug 2011 | 03:03 am
Not unexpectedly, a federal lawsuit was filed on August 11, 2011 challenging the legality of the “Fair and Open Competition in Governmental Construction Act” (PA 98 of 2011). As we reported last month...
Michigan Supreme Court Decision Expands Liability Exposure for Contractors 2 Aug 2011 | 09:22 am
By: Gary D. Quesada, Hon. Aff. AIA, J.D. Cavanaugh & Quesada, PLC On July 11, 2011, the Michigan Supreme Court decided the case of Miller-Davis v. Ahrens, __ Mich __ (2011), which held that Michigan...
New Michigan Law Prohibits (Most) Project Labor Agreements 23 Jul 2011 | 10:16 am
On July 19, 2011, Michigan Governor Rick Snyder signed SB 165 into law as the “Fair and Open Competition in Governmental Construction Act” (PA 98 of 2011). The Act prohibits a city, village, township...
Davis Bacon Wage Determinations (Past and Present) 2 Jul 2011 | 03:48 am
The U.S. Government Printing Office (GPO), in conjunction with the Department of Labor (DOL) and the NTIS, have collaborated to provide permanent public access to Davis Bacon Wage Determinations. Th....
New Legislation Bans Resale, Capital Recovery Fees for Residential, Commercial Real Estate in Michigan 28 May 2011 | 02:33 am
Following the collapse of the real estate market a few years ago, a growing number of developers and home builders have been adding "resale fee" provisions to their sales agreements that allow the dev...
