Tag Archives: Laws

Statute of Repose Does Not Apply to Breach of Contract Claims

In a recent decision handed down by the Michigan Supreme Court, Miller-Davis Co. v. Ahrens Construction, Inc., the court ruled that Michigan’s six-year statute of limitations for breach of contract, MCL 600.5807(8), applied to breach of contract claims against contractors, architects, or engineers for improvements to property. In doing so, the Supreme Court rejected the [...]

Michigan Legislature Clarifies Teen Work Hour Law

In a move that will likely help employers, the Michigan Legislature recently amended the youth employment law, MCL 409.111. The amendment clarifies the number of hours that minors between the ages of sixteen and eighteen, who are also enrolled in school, may work. The law now states that minors between those ages may work no [...]

When is a License Fee Really an Illegal Tax?

Faced with tighter budgets, Michigan cities and townships are looking for additional ways to raise revenue.  Due to the Headlee Amendment, property tax increases are severely restricted.   However, a municipality may establish or increase a fee without violating the Headlee Amendment.  The question is:  Where is the dividing line between a permissible fee and an [...]

Michigan Smoking Ban – Summary of House Bill No. 4377

The Michigan Legislature has passed a bill which bans smoking in almost all indoor public venues. This ban has been in the works for a long time; many other States have already enacted similar laws. Governor Granholm is expected to sign the bill into law, and it will go into effect on May 1, 2010. [...]

Business Purchasers: Beware of Seller’s Michigan Unemployment Tax Experience Account

If you are purchasing a Michigan business, then you need to be aware of Section 22 of the Michigan Employment Securing Act.  If you are not aware of how Section 22 can affect you transaction, please read the article “SUCCESSION TO MICHIGAN UNEMPLOYMENT TAX EXPERIENCE ACCOUNT OF PURCHASED MICHIGAN BUSINESS” by Steve Dunn. Click here [...]

Michigan Freedom of Information Act

Let’s say that your business is interested in purchasing a particular property, but you know that there have been some disputes in the past regarding this property.  These disputes have been between the city (and its various departments) and prior owners and neighbors.  How can you learn the details of these disputes?  One easy way [...]

Beware the “Choice of Law” Provision

Do you realize that many of the contracts, equipment leases and loan documents that you have signed would require a Michigan judge to use other States’ laws in deciding lawsuits rather than Michigan’s? This is because many contracts contain a “choice of law” or “governing law” provision, by which the parties choose to apply the [...]

Working Minors Must Be Supervised by an Adult, Or Serious Penalties can be Assessed

School is out and many minors are looking for summer jobs.  Employers should be aware that special rules apply when employing a minor (any person less 18 years of age).  For example, a minor may not be employed unless the employer or another employee 18 years of age or older provides supervision.  Supervision means being [...]

Understanding Michigan Usury Law

The current economic downturn has led to increased public scrutiny of lending practices.  Michigan usury laws offer important protection to borrowers by capping the interest rate that lenders can charge.  Whether one is a lender or a borrower, it is important to become familiar with the basic law and its many exceptions. Violation of the [...]

Beware of Evergreen Clauses

“Evergreen contract – A contract that renews itself from one term to the next in the absence of contrary notice by one of the parties” – BLACK’S LAW DICTIONARY 321 (7th ed. 1999). Imagine that your business entered into a contract with a company to supply all of your paper needs for one year.  Towards [...]