FRANK & FRANK LAWFRANK & FRANK LAW2026-06-09T17:04:50Zhttps://www.frankandfranklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103810/2024/05/cropped-site-icon-frank-32x32.jpgOn Behalf of Frank & Frank Law<![CDATA[Proper foundation work prevents cracks, shifts and collapses]]>https://www.frankandfranklaw.com/?p=479732026-03-25T22:51:48Z2026-03-25T22:51:48ZWhat foundation issues are common?
Some of the most common foundation issues include improper leveling, inadequate drainage, substandard materials that degrade over time and improper preparation of the site for the foundation. Poor material choices or issues with drainage can lead to the foundation shifting, cracking or tilting.
All of those issues can cause major complications with the edifice above. If one corner of the foundation sinks slightly, for example, the entire structure may become uneven. Shifts in the foundation can also lead to difficulty closing doors.
Repairing a damaged or poorly-installed foundation can cost tens of thousands of dollars. Professionals installing, repairing or waterproofing foundations should be fastidious about ensuring that they follow the right procedures.
A lawsuit related to a defective foundation could impact a company’s finances and cause significant damage to its overall reputation. For property owners, holding companies and professionals accountable for substandard work that fails can be equally important to protect the investment made in the property.
Reviewing the nature of the issues with an edifice and the history of work done on the foundation with a skilled legal team can help both property owners and construction professionals evaluate their options. A construction defect lawsuit could easily follow claims of unprofessional foundation work related to collapses, cracks or shifts at a building.]]>On Behalf of Frank & Frank Law<![CDATA[Mediating a business dispute can protect a company’s reputation]]>https://www.frankandfranklaw.com/?p=479712026-03-14T14:33:19Z2026-03-14T14:33:19ZMediation is a confidential process
Michigan has clear rules in place that make mediation a confidential process. When two businesses face a dispute regarding alleged intellectual property infringement, business torts or contract breaches, they can discuss matters at length without worrying about the details of the dispute becoming public record.
Regardless of what topics come up during mediation, records of the session are generally not admissible during court proceedings. Only the signed agreement established at the end of mediation becomes part of the public record.
Business litigation may attract the attention of the local news media or members of the public if the case goes to trial. The release of non-public information during civil litigation could damage a company's reputation or competitive advantages.
Proposing mediation while waiting for a court date can be a smart solution for business leaders. They can potentially resolve a conflict while limiting what details become public. At the end of the day, alternative dispute resolution options, including mediation, can help business leaders settle disputes privately.]]>by Frank & Frank Law<![CDATA[Successful Defense of Major Real Estate Fraud Case]]>https://www.frankandfranklaw.com/?p=479682026-03-10T03:12:41Z2026-03-10T03:12:41ZOn Behalf of Frank & Frank Law<![CDATA[3 things plaintiffs must prove in a contract lawsuit]]>https://www.frankandfranklaw.com/?p=479662026-02-23T20:24:16Z2026-02-23T20:24:16ZMany business lawsuits relate to contract disputes. Although contracts exist to validate business obligations, not everyone fulfills their obligations as they should.
If direct communication has failed to resolve a breach of contract issue, the matter may need to go to court. Contract litigation imposes a burden of proof on the plaintiff, who must show the courts that the situation warrants intervention. What do plaintiffs generally need to prove to be successful when taking legal action in response to a breach of contract?
1. The validity of the contract
Establishing that a contract is valid and enforceable is the cornerstone of any successful contract litigation. Plaintiffs likely need to thoroughly review the agreement to ensure that it complies with all relevant statutes.
2. The existence of a breach
Documentation showing that a violation of the agreement occurred is also critical. Simple testimony asserting a breach of contract is often insufficient. The nature of the breach determines the type of evidence necessary. Financial records, chemical testing of the materials provided by a vendor and even photographs of a project that did not meet contract standards can all help prove that a breach occurred.
3. The impact of the breach
Typically, plaintiffs requesting damages and other remedies from the courts must show that a breach of contract had practical consequences. Lost productivity, reputation damage and violations of third-party contracts are all possible when one party fails to fulfill a contract. Documentation validating the harm caused by a breach is important when requesting remedies from the courts. An attorney can assist business leaders with the evaluation of a contract and the collection of evidence. Having the right support can improve the chances of success during business litigation.]]>On Behalf of Frank & Frank Law<![CDATA[Understand and protect your lien rights]]>https://www.frankandfranklaw.com/?p=479642026-02-18T14:41:08Z2026-02-18T14:41:08ZIf you’re in the construction industry, you probably know that getting paid isn’t always guaranteed in every project. Even when you’ve completed quality work on time, payment disputes can arise due to project delays, owner financing problems or contractor conflict. This is where liens come in.
Think of a lien as a legal claim over a property for unpaid labor or materials. For contractors, sub-contractors or suppliers, liens create leverage. Property owners typically cannot sell, refinance or transfer a clear title while a valid lien exists, which often motivates faster resolution.
Common mistakes to avoid
Some common preventable paperwork errors can destroy your lien rights. These include failing to serve the required notices, missing deadlines, listing incorrect property descriptions and using improper or overly broad lien waivers. Even seemingly minor mistakes can undermine your ability to secure payment or invalidate your claim entirely, so you need to be careful.Protecting lien rights starts early, long before a dispute arises. Here’s what you need to do to.
Track notice and filing deadlines from day one
Use properly drafted contracts and payment terms
Document labor, materials and change orders carefully
Send prompt notices when payment issues appear
Taking these proactive steps preserves your legal rights and strengthens your position if a dispute occurs.
Minimize financial exposure in construction projects
Construction liens are highly technical and deadline-driven. Even experienced individuals can make mistakes, especially when projects involve multiple tiers of contractors, lenders or changing ownership interests. That’s why having professional guidance early in the process can make a significant difference. It goes a long way in identifying potential payment risks before they become serious issues, protecting your interests throughout the project and understanding your options if anything happens.]]>On Behalf of Frank & Frank Law<![CDATA[Jonathan Frank has been awarded the annual Litigation Excellence Award by the State Bar of Michigan]]>https://www.frankandfranklaw.com/?p=479622026-02-05T04:33:55Z2026-02-05T04:33:55ZOn Behalf of Frank & Frank Law<![CDATA[Alternative dispute resolution gives you more control]]>https://www.frankandfranklaw.com/?p=479602026-01-31T03:25:37Z2026-01-31T03:25:37ZKeeping the case in your own hands
One of the main advantages of this approach is that it keeps the outcome out of court. A judge is not going to review the details of the case and make a ruling. Neither business owner is going to be forced to follow a court order that was handed down by a third party.
Instead, these individuals have a chance to cooperate, communicate and work together to find an acceptable solution. They keep control over the outcome. This does not necessarily mean they will get everything that they want, as compromises are often a necessary component. But they still retain control over the ultimate decision, rather than surrendering that control by going through litigation.
Are you involved in a dispute and trying to determine if litigation or alternative dispute resolution is the right tactic moving forward? Be sure to carefully consider all of your legal options. It can help to work with an experienced law firm at this time.]]>On Behalf of Frank & Frank Law<![CDATA[Is mediation a binding process?]]>https://www.frankandfranklaw.com/?p=479582026-01-17T18:44:53Z2026-01-17T18:44:53ZBusinesses sometimes integrate requirements for alternative dispute resolution into their contracts with workers, customers or clients. People have become more skeptical of arbitration clauses in recent years, as they may feel trapped and denied justice if they must forgo litigation to resolve matters privately outside of court.
Mediation has become a popular alternative to both litigation and arbitration. Those responding to a proposal for mediation and those considering making a suggestion to attend mediation may question what options they have if the mediation session isn't successful or the outcome is unfavorable. Is mediation generally a binding process?
Mediation itself is not binding
In many cases, those attending arbitration have to agree to a binding process. Both parties agree to defer to the decision made by the arbitrator, regardless of the outcome. They have no right to appeal or to initiate litigation after the arbitration process. Mediation is different. It is only binding if the parties reach an agreement and sign a contract. A mediation session ends when the parties sign a document outlining the terms of the compromise that they reached. Until they sign that agreement, either party can potentially walk away from the table and end the mediation efforts. After signing the agreement, however, both parties generally have to uphold the terms set during the mediation session. Many workers and consumers find the mediation process less intimidating and imbalanced than mandatory arbitration. Contracts that require alternate dispute resolution or mediation may be less off-putting than requirements for binding arbitration. Exploring different forms of alternative dispute resolution can be beneficial for companies that want to avoid litigation without damaging their reputations or working relationships.]]>On Behalf of Frank & Frank Law<![CDATA[Force majeure clauses are important in contracts]]>https://www.frankandfranklaw.com/?p=479562026-01-07T17:11:24Z2026-01-07T17:11:24ZContracts are an important part of business relationships because they set clear expectations for both sides and can lay out what will happen if the terms aren’t met. These legal documents have many factors contained within them. One clause that might be included in this document is a force majeure.
A force majeure clause spells out what will happen if the contract's terms aren’t met for a reason that neither party can control. Understanding how a force majeure works is critical for anyone who’s going to sign a contract.
What situations qualify for a force majeure clause?
Force majeure clauses are customized for each contract. They can be broad, such as including only natural disasters, but they can also be narrow, such as spelling out that the clause goes into effect if there is a snowstorm that results in a foot of snow. These clauses don’t only apply to natural disasters. They can also be used to address things like supply chain delays. It’s critical that the exact terms of the clause are in writing so there isn’t any room for misunderstanding.
What happens if a covered event occurs?
If a covered event occurs, the terms of the force majeure will go into effect. This may mean that the contract is simply extended until the terms can be met. It’s also possible that the contract will be terminated. This is determined by what’s written in the document. There are times when the parties may not agree on whether the situation should trigger the force majeure. In that case, they may go to court to have a decision made about the contract. This could mean that the non-performing party has to prove that the circumstances met the requirements of the contract, which may require the assistance of someone familiar with these matters. ]]>On Behalf of Frank & Frank Law<![CDATA[What are material and minor contract breaches?]]>https://www.frankandfranklaw.com/?p=479532025-12-17T13:09:59Z2025-12-17T13:09:59ZA contract establishes a legally binding agreement between parties. Contracts outline the obligations each party is expected to fulfil and how they benefit from the business transaction. A contract breach refers to when a party fails to fulfil their end of an agreement.
There are two common types of contract breaches: material and minor. It is important to understand both of these types of contract breaches to identify the severity of a violation. Here is what you should know:
Partial breach of contracts
A minor breach refers to a small, often superficial issue with how a party completed their contractual obligations. A contracted party may have missed part of a contract's terms that otherwise does not impact other parts of the contract. Despite a minor breach occurring, a party has fulfilled their contractual duties. For example, a party may have ordered wood for a new home. The contracted party may have missed the shipping deadline, causing the wood to be delivered a day late. However, the delivery of the wood did not delay the construction of the new home.When a minor breach occurs, it may not be necessary to compensate the non-breaching party if the same outcome occurred as if there was no breach.
Major breach of contracts
A material breach refers to a serious breach of contract as a result of a party failing to fulfil their contractual obligations. A breaching party may have failed to uphold a major part of the contract, resulting in serious damages and delays.For example, a party may have been contracted to deliver wood for a new home. However, the shipment was never delivered, causing the construction of the home to be halted. When a material breach occurs, the non-breaching party may pursue compensation for damages and delays. In some cases, the breaching party may still be expected to fulfil the terms of a contract.Professional legal guidance can help parties negotiate and settle contract breaches. ]]>