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“Philip Carroll” “Loweke” “Fultz v. Union Commerce & Associates” “Loweke v. Ann Arbor Ceiling & Partition” “construction defect” “Michigan law”
In March, we discussed the importance of pleading common law duties separate and distinct from a builder’s contractual duties in order to preserve tort-based construction defect actions under Michigan law. In its opinion released June 6, 2011, the Michigan Supreme Court recently reinforced but fine-tuned this advice in Loweke v. Ann Arbor Ceiling & Partition...