Buy America—The Biden Administration’s Plan

The Biden Administration issued another executive order, this one focusing on the application and enforcement of the Buy America Act.  As the name indicates, the Buy America Act is intended to increase the amount of American goods used on and in government contracts.  President Biden’s executive order focuses on enforcement and the administration of the Act.

The most significant change created by the executive order is to create a Made in American Office (MAO) to better […]

By | February 10th, 2021 ||

How to Deal with the Dreaded Pay-if-Paid Clauses

It seems that more and more general contractors are using pay-if-paid clauses in their construction contracts.  Pay-if-paid clauses are some of the most controversial and heavily negotiated clause in construction contracts.  This article will explain what pay-if-paid clause is and provides some guidance on how to negotiate around these difficult clauses.

A pay-if-paid clause, if properly drafted, pushes the risk of non-payment from the general contractor to you.  The clause will first make clear that […]

By | January 27th, 2021 ||

Michigan Supreme Court Opens Door To CGL Claims For Construction Defects

The Michigan Supreme Court overturned precedent and joined the jurisdictions that allow damages arising from construction defects to be the basis of a claim against a subcontractor’s comprehensive general liability (“CGL”) policy written on a 1986 ISO form. This decision opens the door to CGL claims for construction defects that had been shut in Michigan since Hawkeye-Security Ins Co v Vector Constr Co, 185 Mich App 369; 460 NW2d 329 (1990).

Skanska USA Building Inc. (“Skanska”) […]

By | July 8th, 2020 ||