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“Fultz v. Union Commerce & Associates” “Philip Carroll” “Boylan v. Fifty-Eight Ltd.” “Tucker v. Pipitone” “privity of contract” “
Tort claims arising from construction defects often falter in the looming presence of a contract. The existence of a contract is particularly challenging for the plaintiff who is not in contractual privity with the defendant. Under Michigan law, the distinction between duties owed by a contractor arising from a contract and those arising in the...