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Magazine article, by Michael Eberth

'As is' article pertains to purchasing property.

(Click on slide show to read article)

CONTACT: (313) 561-5700

Developer/Builder Litigation - Michigan Law

Construction Defect Litigation

Our firm prides itself on its background and experience in successfully representing individual home owners against contractors, subcontractors, developers, design professionals and engineers in construction defect litigation. We understand both the construction and insurance industry when handling complex construction defect issues. The experts we retain in the industry are well respected and experienced. Through our team approach we are able to control costs and provide opportunities for early mediation and settlement when at all possible. However, we will not hesitate to take a builder, a contractor, a developer, etc. to trial when necessary and when it economically justifiable for our client to do so.

Construction Defect Litigation in Michigan

Most of these questions are typical of those raised by single-family, condominium and town home owners, regarding problems with their Michigan homes. Our law firm regularly represents these individual home owners, as well as town home and condominium associations, along with commercial property owners in Michigan. Because the issues involving commercial property owners are often more complex and fact-specific, the sorts of problems commercial property owners face are not addressed in as much detail here.

Here are the typical questions raised by potential clients. Michael Eberth would be happy to discuss these issues with you. There is no charge for the initial consultation which we usually conduct on the telephone.

Unresponsive Builders. I am having problems with my home, and my builder is not being responsive. Do I need to hire a lawyer and file suit?

Is My Home Warranty My Only Recourse? Why should I consult with an attorney when my builder has given me a written warranty?

Expired Home Warranties. My builder-developer says that I have no remedy for problems I am having with my home because they are not covered by my written warranty and the time to make a claim under that warranty is expired. What should I do?

What’s a Defect? My builder says that I am being too picky about the condition of my home, that no home is perfect. When does a problem become a “defect” and my builder become responsible to fix it?

Second Owner. I am not the original owner of my home. Do I have any remedies against the builder-developer for construction defects?

Triple Damages. I understand that home owners are allowed to recover triple damages against builder-developers for defects. Is this true?

Arbitration. My builder tells me that if I do not like the way it is responding to my complaints, there is an arbitration clause in my purchase contract that requires me to arbitrate my claims, and that I have given up my right to a jury trial. Is this true?

Small Print in My Home Warranty. Every time I tell my builder’s warranty department that I was promised something by the salesman who sold me the home and that promise has not been kept, the warranty manager says, “If it isn’t in the limited warranty agreement, it’s not our problem.” Is this true?

Statutes of Limitation. A friend of mine said that in Michigan I only have three years to sue those responsible for construction defects. Is this true?

Damages. What sorts of damages and other relief am I allowed due to construction defects in my home?

Homeowner Associations. Who has the right to make a claim against a builder-developer for a problem with a town home or a condominium?

Single-Family vs. Multi-Family Owner Rights. How do my rights differ if I am a condominium or town home owner rather than the owner of a single-family home?

Class Actions. What is a class action?

Property Values. Will a lawsuit hurt my property?s value and make it difficult to sell my home?

Hiring a Lawyer. What information should I be ready to provide if I decide to hire a lawyer?

Special Interest Legislation. Is there anything Michigan homeowners can do to protect themselves against the further stripping away of their rights due to special interest legislation backed by wealthy development and insurance company interests?


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