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Field Notes - Fall 2012 Edition

A Construction Law Publication

By: Bodman's Construction Law Practice Group

11/20/12

Welcome to the Fall edition of Field Notes, Bodman's periodic newsletter on legal issues of importance to the construction industry. Follow the links below to access articles by members of our Construction Law Group on current issues that may affect you and your business. Please contact any member of our Construction Law Group listed below if you have questions or need assistance with any legal issue.

Waiver of Change Order Clause Requires Higher Proof: A common issue on construction projects arises from the tension between a contractor’s contractual obligation to complete a project on-time and a contractor’s obligation to follow the change order process regarding extras.
Click here to learn more.

Unjust Enrichment Claim Against Mortgagee Fails: Over the past few years, there has been a great deal of litigation arising out of failed projects. In an effort to obtain recovery, counsel for subcontractors and material suppliers have sought payment from other parties that benefitted from their clients’ work and materials. Click here to read more.

Michigan Court of Appeals Rules: Which has Priority - the Construction or Mortgage Lien: On March 1, 2012, the Michigan Court of Appeals issued an unpublished decision in Marine City Ceiling & Partitions, Inc. v. SRB Servicing, LLC that could have a significant impact on the construction lien rights of those who provide labor and materials to condominium projects that are developed in phases and on the lenders who finance such projects. Click here to read more.

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