In Cedroni Associates, Inc. v. Tomblinson, Harburn Associates Architects & Planners, Inc., Mcalpine & Associates attorney Ryan Jezdimir successfully argued that the low bidder on a school district construction project could support a cause of action against the architectural firm that recommended award to another bidder. The court held that Cedroni had a reasonable . . . → Read More: McAlpine Client Wins Appeal, Paving Way to Contractor Recovery in Tortious Interference Against Architect in Bid Protest
As of December 1, 2010, amendments to the Federal Rules of Civil Procedure increase the likelihood that echoes of attorney voices will be heard in expert reports and testimony in federal court.
Until now, good attorneys exercised extreme caution in their communications with testifying experts, because the content of those communications were subject to discovery . . . → Read More: New Federal Rules Will Increase Attorney Involvement in Expert Reports
On November 18, 2010, the Michigan Court of Appeals held that the Bishop International Airport Authority formed a binding construction agreement when its Board authorized acceptance of the Garrison Company’s bid. In The Garrison Company v. Bishop International Airport Authority, the court reversed a lower court decision dismissing Garrison’s action for lost profits and . . . → Read More: Public Authority Held Bound to Contract Upon Bid Acceptance, Before Contract Signed
In 2009, I spoke at the AGC/CFMA annual conference in Las Vegas. The topic of my presentation was Contractor Liability Under the Federal False Claims Act, including the 2009 FERA amendments that substantially broadened the reach of the act. Here are the slides of that presentation. If you are a contractor doing work on . . . → Read More: Contractor Liability Under the Federal False Claims Act
Here is a link to a construction close-out webinar presentation that I gave with Jim Schmid of Grant Thornton on February 18, 2010. Jim is a talented forensic accountant with a focus on the construction industry. Together, we provide check lists of construction close-out procedures and important red flags that should alert . . . → Read More: Construction Close-Out: Accounting and Compliance
The January 11, 2010 edition of Lawyers Weekly reports that the verdict in Michigan First Credit Union v. Cumis Insurance Society was the state’s sixth highest in 2009. As reported earlier, the jury awarded our client, Michigan First Credit Union, $5,050,000 in damages against its insurer Cumis. Then the court tacked on another $2,730,415 . . . → Read More: Michigan First Verdict Among 2009′s Largest
On January 22, 2009, a federal jury in Detroit awarded Michigan First Credit Union everything it asked for in its lawsuit against its Credit Union Bond carrier Cumis Insurance Society. In 2007, Michigan First, led by its Vice President of Lending, had entered an indirect lending program under which participating car dealerships sent loans . . . → Read More: Michigan First Awarded $8 Million in Bond Claim
Don Blevins in trial for Michigan First against Al Long Ford. Reprinted with permission of Macomb Daily. Click to view original article.
In October 2008, a Macomb County, Michigan jury awarded Michigan First Credit Union $360,776 on Michigan First’s fraud action against Al Long Ford. The jury found that Al Long had . . . → Read More: Michigan First Wins Fraud Case Against Al Long Ford
On March 15, 2007, the Justice Department announced that Michigan contractors Ajax Paving Industries Inc. and Dan’s Excavating Inc. agreed to pay $11.75 Million to settle False Claims Act claims involving alleged misrepresentations about the amount of Disadvantaged Business Enterprise (DBE) contracting work performed by a subcontractor on construction contracts at the Wayne County . . . → Read More: Michigan Construction Firms to Pay U.S. $11.75 Million for Alleged DBE Fraud