Month: January 2020

Anatomy of a Case: Irving Tissue Project

THE PROJECT The Irving Tissue Project involved the installation of a new paper machine and accompanying construction in New York. McAlpine represented the pipe installer, a multi‐skilled contractor from Michigan. All of the pipe for the project was provided by an independent fabricator. During the construction, the owner made numerous design changes. The fabricator cited

Read More

Anatomy of a Case: Grosse Ile Township

THE PROJECT The North‐South Interceptor Project involved the installation of 2 to 4 foot sewer pipes at depths of over 50 feet. The Project was mandated by the State of Michigan to prevent the discharge of raw sewage into the Detroit River. Grosse Ile and its engineers selected micro‐tunneling as the installation method and conducted

Read More

Federal False Claims Act Expansion

The Federal False Claims Act (FCA) imposes liability for making false claims to the Federal Government. Violations of the FCA can result in triple damages, plus attorney fees and fines of up to $10,000 for every false claim. It also can result in the surrender of the entire claim (even the legitimate portions). Through its

Read More

No Relief from Written Change Order Requirement

The Michigan Court of Appeals has held that, absent clear and convincing evidence of waiver, a contractor will not be relieved of the written change‐order requirement of its contract. In Field Construction, Inc. v Midfield Concession Enterprises, Inc., the plaintiff‐contractor was under contract to build restaurants at the Wayne County Metro Airport. The contractor undertook

Read More

No Liability for Architect’s Interference with Public Contract Award

The Michigan Supreme Court has overturned an appellate court decision holding an architect liable for unfairly recommending a contract award on a public construction project. In Cedroni & Associates, Inc. v. Tomblinson, Harburn Associates, a school district hired an architectural firm to assist it in the bid selection process by evaluating the contractors’ bids and

Read More

Court Overturns Contractor Tort Immunity

The Michigan Supreme Court has overturned a court of appeals decision holding that a contractor was not liable for harm caused by its negligence because the conduct in question was covered by contract. The case, Loweke v. Ann Arbor Ceiling & Partition Co., centered on a claim by an electrical subcontractor’s employee who was injured

Read More

Contact The Firm

The best way to get guidance on your specific legal issue is to contact a lawyer.