Construction Disputes and Defects

Residential construction can result in disputes between the owner and contractor or between the owner and subcontractors over the condition of the building. The contractor and subcontractors have lien rights on the property if they follow the rules under the lien statute. Disputes between owner and contractor can occur during the process or after completion when warranties are in place or punch lists are being handled. The first place that all parties should look for answers to such disputes is the written contract. Builders and remodelers are also required to be licensed with the State of Michigan and the absence of a license can affect the rights of the parties. Often these cases are detailed and fact driven based on the communications between the parties. Many builders also have arbitration clauses in the contract and courts will enforce the arbitration provisions in most cases.

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