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In writing legal agreements, it is best to be clear. Often this means that lawyers use legal jargon because courts have already ruled what such jargon means. But legal jargon used incorrectly can make trouble. An easement agreement created an “exclusive” access easement was “for the sole and exclusive use” of both the grantor’s and

Cunningham Dalman partner, Vince Duckworth, was selected to officiate the Michigan High School Athletic Association’s Division 1 Football Championship this past Saturday at Ford Field in Detroit. This is one of the highest honors awarded to officials. We are excited for him and proud of his dedication to the sport. Along with his role as

Business owners are faced with putting out fires each and every day. Since their time and resources are limited, they have to prioritize which ones are worth dealing with right then and there and which ones they should develop a plan or structure to put them out in the future. Legal “fires” for business owners

I was having coffee with a friend a few days ago and he said he bought real property at an auction after a tax foreclosure. They were puzzled because he was told that the County Treasurer acquired clear title to the property in a tax foreclosure. He received a deed from the treasurer. But a

This area is blessed to have so many generous business owners and individuals who support local charities and faith organizations. I’m most commonly advising clients on how to leave a certain amount of money or a percentage of their estate to these organizations upon their passing (as opposed to during their life). However, with the

It seems like whenever we are several months into an economic recovery, constructions disputes become more common. Change orders are one of the most litigated issues in contract or construction disputes. Did they agree upon a change or not? Is this item an extra cost or is the change covered by the original price? Or

A property owner thought it was protected from an overcharge in the price of material in a construction project because the price of material was specified in the contractor’s contract with the supplier. The Michigan Court of Appeals ruled otherwise. The court rejected the property owner’s reliance upon the contract because the property owner did

Do you know what the future will be for the people you will leave your estate to? I don’t intend that to be a rhetorical question, but we can all agree we don’t know the future for our loved ones. They could continue to live fulfilling lives. Or, they could experience (through no fault of

The phrase “restrictive covenants” is often used by attorneys to categorize the different ways (exclusive of intellectual property protections like copyrights, trademarks, service marks, patents, etc.) that proprietary business information and assets are safeguarded. Generally speaking, there are three basic categories of restrictive covenants that often get lumped in as “noncompete agreements” (although, as mentioned

It is painful to witness the effects of dementia on a spouse, parent, or anyone you care about. I often meet with a spouse or child who is further stressed by not having a power of attorney for this person. Planning for disability or death is low priority or even non-existent on our daily list