One of my perennial favorites in contract interpretation law is the doctrine that parties can orally modify a “no oral modifications” clause. That’s right, Michigan courts will not allow contracting parties to irrevocably state in advance that their contract can never be modified except in writing. This seemingly nonsensical legal doctrine actually makes sense upon …
In a recent decision entitled Sams v Common Ground, a panel of the Michigan Court of Appeals enforced a Michigan employment contract reducing the customary six years statute of limitations to just one year. The employee challenged that reduced time limit as being unconscionable and contrary to the Persons with Disabilities Civil Rights Act. The …
Effective March 8, 2017, Michigan joined an increasing number of states that permit “Domestic Asset Protection Trusts,” aka DAPTs. These instruments enable the Grantors forming the Trusts to protect their property against future claims, as long as they follow the specified guidelines. DAPTs are irrevocable trusts. Unlike most irrevocable trusts, however, the Grantor who sets …
This is an all-too frequent occurrence. You took out a home equity loan years ago and paid it off. You are now selling your house but the mortgage company never removed the mortgage lien. The loans had been transferred by the mortgagee to another lender, or the records just don’t go back that far. What …
There is much to consider when you are buying a house or condominium. It is usually one of the most important transactions of your life, one you will have to live with for several years or more. Even when you have hired the assistance of a realtor, attorneys have an important role to fulfill. We …
Anyone who goes to the trouble of having an attorney draft his or her Will quite naturally wants it to be honored by his or her heirs. In short, no Will contests! A lot of clients ask us how to prevent such mischief. The primary drafting tool is, not surprisingly, a clause prohibiting heirs from …
Many businesses leave their customers little choice but to accept or “click through” lengthy contracts which include many clauses they are unfamiliar with, and don’t bother to read. One of the more pernicious clauses some companies insert into these documents prohibit customers from criticizing their products on line, or elsewhere. Some of these “gag clauses” …
A recent case decided by the Michigan Court of Appeals named Naseef v. Wallside Inc., raises a couple legal issues of interest. A separate post addresses the issue of when a contractor is actually an independent contractor. One issue to be resolved in this case was whether the plaintiff who filed the case could avoid …
The case discussed in a previous post, Naseef v Wallside, Inc., addresses the issue of how the law distinguishes an independent contractor from an employee. The context n Naseef is pretty typical: is the subcontractor on a construction job an independent contractor? The Court affirms that Michigan law follows the “control test” in making that …
There has been some confusion in the past as to whether a contract with a builder who is not licensed by the State of Michigan is “voidable” or “void.” In a case decided last year, the Supreme Court of Michigan declared that contacts with licensed builders are voidable, not void from the outset. This means …