November 1, 2008

Corporations provide no protection for violation of Builders Trust Fund Act

In Elmers Crane v AWM Corp, Michigan Court of Appeals Docket No 266666, the Plaintiff provided a services to a corporate general contractor ("GC"). The GC received payment from the owner which included money due to Elmers. Even though the money went to the GC and the GC was a corporation, the individual that managed the funds of the GC was held liable for violation of the Michigan Builders Trust Fund Act ("MBTFA"). The court reasoned that once the MBTFA has been violated, the court can look to the individual behind the corporation and hold him/her personally liable for such a violation.

Question - Can a book keeper of the corporation be equally held liable?

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Kudos to Legally Blawged

On Tuesday, October 28, 2008, we had our first meeting of legal marketing group, Legally Blawged. It was attended by about 25 people.

Legally Blawged was formed by Pete Cavanaugh, Mike Hamblin and myself. We are three attorneys who met over the internet during this past summer. We all blog and have had wonderful experiences doing so. Our blogs have helped a number of people on issues related to our law practices. Just as important, our blogs have increased our visibility on the 'net and have increased our practices with new clients.

At our meeting, we had dinner, held a panel discussion about blogging and why it is so important for lawyers to blog. We held a q and a session afterwords and actually inspired several attorneys to begin blogging. We are excited about planning our next dinner meeting.

We are looking for more Michigan attorneys to join us. If you have an interest in blogging, call me, Gary Nitzkin, at (248) 353-2882.

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