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 [...]
Under the common law systems that have developed in Great Britain and the United States, real property has been held in high esteem. Land, due to its uniqueness, and scarcity has unique doctrines that the law only applies to it. Tort law and property law often collide with each other. Personal and real property often [...]
In the previous installment of this two part series, we discussed the concept of unjust enrichment and under what circumstances it can be raised. Unjust enrichment is not available where an express contract exists. In Premer, the Michigan Court of Appeals confirmed how to properly state a claim for unjust enrichment. In order to state [...]
In this two part series we will discuss the contract remedy of unjust enrichment. This first installment will explain the basic concept of unjust enrichment. Part two will discuss how to plead and calculate unjust enrichment. For those not familiar the intricacies of the legal world, legal jargon may seem like a foreign language (and [...]
In a recent decision, Bailey v. Schaff, the Michigan Court of Appeals issued a landmark ruling concerning the obligations that landlords owe to persons on the landlord’s premises. The Court ruled that a landlord has an obligation to call the police once notified of a dangerous situation. The landlord may be liable for damages to [...]
Many contracts have default provisions. These provisions set forth what actions or inaction must occur for a party to default under the Agreement and for the non-defaulting party to be entitled to recover damages and/or terminate that particular Agreement. In some circumstances, and often in the context of a loan, parties may enter into multiple [...]
In most countries when a party loses an adversarial proceeding such as a lawsuit, he or she is made to pay for the other party’s costs and attorney’s fees. However, the United States subscribes to what is in essence a no-fault legal system where both parties pay for their own legal fees and costs despite [...]
In a previous article we had examined the fact that the Michigan Court of Appeals affirmed the common law principle that contract provisions that shorten the statutory period for bringing a cause of action are allowable. Recently, the Court applied similar reasoning in affirming the principle that a contract can even limit the amount of [...]
Arbitration is often a better choice for the parties than litigation in court, because arbitration is often completed more quickly and with less legal expenses than a lawsuit in court. The downside for the party that loses the arbitration is that there are very few grounds to challenge an arbitrator’s decision. Furthermore, a complaint to [...]
In all aspects of business and contracting, but especially after a lawsuit has been filed or threatened, one party may approach the other party with a comprehensive release agreement as part of a settlement of the dispute. A release agreement is a form of contract wherein the party who has allegedly committed the wrong requests [...]
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