Upon settling another commercial construction case, I am struck by how many of these cases do not approach the claim from the business and the business' perspective.
Businesses need places to operate. Those places need commercial build-outs to prepare them for business. Construction often runs behind schedule, which leads to litigation.
The best commercial construction cases approach not what went wrong with the contractor and the subcontractors (liens and payments - not that complicated); but what went wrong with the business.
My client lost months of revenue due to his general contractor's management and conduct. In other words, the contractor caused business damages, or "lost profits," which are recoverable in Michigan law. There was no insurance. Approaching the case from the business perspective provided for a valuable claim and ultimately, a valuable settlement.