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Michigan Construction Law Questions & Answers
1 Answer | Asked in Workers' Compensation and Construction Law for Michigan on
Q: Is it legal for a attorney to inform a client that they have to pay for a physician’s deposition in his trial .

I have a workers comp case headed to trial after 24 months. The day of the facilitation hearing after I turned down the offer my attorney informed me that I would have to pay for a physician’s testimony the deposition for my trial. He then told me I had 30 days to come up with the money or my... View More

John Michael Frick
John Michael Frick
answered on Apr 15, 2023

Expert witnesses like physicians are typically compensated for their time testifying in legal proceedings by the party they are testifying for. This is true whether they testify live or by deposition. It is commonly necessary for such an expert to testify in cases involving a bodily injury to... View More

1 Answer | Asked in Contracts, Construction Law, Libel & Slander and Small Claims for Michigan on
Q: We are a GC trying to collect most of final payment. Homeowner refuses to let us back for punch list- owes 6375

The contract amount is 20,875. This guy is a lawyer and a bully. He refuses to pay or allow us to finish minor details. What can we do? He also left a nasty google review full of lies

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 10, 2023

I see three remedies:

1. A construction lien. I am not going to write up all of the steps because it is somewhat complicated and we don't have enough facts to determine whether the remedy is available.

2. A lawsuit against your customer to collect the balance.

3. A...
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1 Answer | Asked in Real Estate Law, Civil Litigation and Construction Law for Michigan on
Q: How can I locate attorneys who have sued in civil court against government agencies in a specific city or county?

specifically tort law

Tim Akpinar
Tim Akpinar
answered on Feb 25, 2023

A Michigan attorney could advise best, but your question remains open for three weeks. It might be difficult to find what you describe - attorneys who sue in specific counties. Most law firms don't hold themselves out for the counties or districts they sue in. Instead, they hold themselves out... View More

1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Michigan on
Q: Does this company have legal rights to lien my property and is this consider a inflated lien?

Hello,

I need some advice. 19 months ago I had a house fire. The company hired to complete the repairs has been a nightmare. Many jobs were done without any input from us on material, improperly, and things are non-functioning. The project was supposed to be completed in 8 month and here we... View More

Brent T. Geers
Brent T. Geers
answered on Dec 20, 2022

Did your insurance company contract with these people? First call should probably be to them. Second call should be to a local attorney who handles insurance and construction liens.

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I'm in Michigan. I was terminated off a general contractors job. Is it legal for him to hold on to my equipment?
Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

No. There are no facts tgat yiu have provided that would support the general contractor’s holding onto your equipment. I would want to know more about the situation in order to evaluate the possibility that the general contractor has a justification for its actions.

1 Answer | Asked in Construction Law for Michigan on
Q: I recently did a job for a customer but was a third party through the whole process. I completed the job.

Unfortunately I wasn't paid at all. My friend who got the job for me, through the construction company. During the whole processes of the job I had mainly had to go to him for questions and did get the first half down. Well the first half was $4700 and I only got 4000 thousand cash in a... View More

Brent T. Geers
Brent T. Geers
answered on Jan 17, 2022

Your issue is with the construction company. Sounds like customer paid as they agreed, and they are not responsible for whatever arrangements you had going with your friend.

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: Sub-contractor billing me for more than verbal quoted price

Sub-contractor gave a verbal price which I agreed too but told him to send me a written estimate. He went ahead and did the job without sending a written estimate. The invoice he sent is way more. I refused to pay and now he has an attorney threating a lien against the homeowner and lawsuit... View More

Frederick A. Lurie
PREMIUM
Frederick A. Lurie
answered on Oct 15, 2021

Next time get it in writing. Ask for time and material records to see if the records come close in value to the sub's claim.

1 Answer | Asked in Real Estate Law and Construction Law for Michigan on
Q: Is it legal for real estate selling company to require purchase merchandise credit for store where outlot is located?

purchasing an outlot piece of land and they are tying theland purchase to the requirement to purchase a merch credit of 15% of the sale price at closing-- we would never purchase that much of material from them-- seems very shady

Kenneth V Zichi
Kenneth V Zichi
answered on May 19, 2021

I’m not sure exactly what they are requesting, but they can ask anything that is not illegal.

You don’t have to agree to the terms requested though.

However — and I can’t emphasize this enough — before you sign an offer to purchase you absolutely should have it reviewed...
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Q: Can a Township building inspector require more stringent building codes that exceeds the state's building codes?

Building a pole building as a residential secondary building for personal storage. Typical 50 x 54 building with vertical beams spaced 8' on center. Inspector won't issue building permit unless beams are 6' on center. Also, inspector won't accept 18" preformed concrete... View More

David Soble
PREMIUM
David Soble
answered on Dec 18, 2020

The building code sets forth the minimum standard for construction. There must be something in the engineering report that causes their concern. A stamped report from structural engineer should be enough.

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: Residential insurance paid contractor for restoration (1995), new mold smell, water stains, too late for a case?

Lightning caused residential fire, home not restored to previous state (only evident now after removing small bit of drywall to investigate mold smell). Thinner insulation replaced, side of house lets small light into space (revealed after removing drywall) where boards do not come together (can... View More

Brent T. Geers
Brent T. Geers
answered on Apr 14, 2020

I would say your claim is unlikely to succeed.

1 Answer | Asked in Construction Law for Michigan on
Q: Can I sue in small claims a contractor for leaving live electrical wires in a shower?

In having some repairs done we knew needed to be done, we have uncovered issues that are really of great concern. The contractor left live wires dangling in the wall, left live electrical in the shower in two different places one was bare wires, not even capped. He did not water proof the backboard... View More

Trent Harris
Trent Harris
answered on Dec 19, 2018

Get an estimate from a reputable contractor for what needs to be done, and what it will cost to repair the shoddy work. You need that to prove your damages caused by the first contractor. Then you can sue.

As always, you get what you pay for. Be sure to talk to a qualified attorney about...
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1 Answer | Asked in Construction Law for Michigan on
Q: Does a customer hold any liability if his or her home is broke into and the contractors tools are stolen?

A home was broke into and a large amount of tools and equipment have been ripped off. The customer claims he does not have insurance on the property. The liability insurance policy of the person who had his tools ripped off will not cover it. They have basically said it's on the homeowner... View More

Brent T. Geers
Brent T. Geers
answered on Nov 12, 2018

You've just witnessed what makes these sort of situations complicated: every insurance company is going to say someone or someone else's insurance is responsible. That said, I think a case can be made that the homeowner's insurance should be responsible.

So what happens if...
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1 Answer | Asked in Real Estate Law, Construction Law and Contracts for Michigan on
Q: Agent told us that he had "guys" who could do work for cheap, if we bought the home for a certain price, which was a lie

We were mislead about the house's issues, and the cost to fix them. We now have spend more than twice what we were expecting, and we're nowhere near done. Never would have purchased this house if we had known that his "guys" were unskilled laborers who have both done terrible... View More

Adam Alexander
Adam Alexander
answered on Dec 8, 2017

More information is needed to respond adequately to your question. Essentially, repair/construction work is governed by contract in Michigan. You say you have "conversations and agreement." Do you have a written contract regarding the price and work to be done? If there is no written... View More

1 Answer | Asked in Construction Law, Real Estate Law and Landlord - Tenant for Michigan on
Q: In detroit if ur house is not registered as a rental propery do u still have to pay rent
Kenneth V Zichi
Kenneth V Zichi
answered on Sep 21, 2017

If there is no 'certificate of compliance' for the property the tenant's obligation to pay rent can be "suspended" under the Detroit ordinance, but expect that if you do that there will be eviction proceedings and the City may well force you to move out.

Consult...
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2 Answers | Asked in Constitutional Law, Construction Law, Land Use & Zoning and Real Estate Law for Michigan on
Q: Can my township take my house if I don't replace my wooden siding with vinyl.
David Soble
PREMIUM
David Soble
answered on Apr 20, 2017

Generally, no, if the reason for their request is because of "blight."

However, if your current home is posing a danger to the public, then they can condemn the property. Hard to know how "siding" can pose a danger to the community.

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1 Answer | Asked in Bankruptcy and Construction Law for Michigan on
Q: I lived with a guy for over 6 years. He put a lien on my house, which is up in a week or so. We are going to court

in June. I qualify for Chapter 7 bankruptcy, if I file between court and after the year is up, will this take care of this lien? I'm getting mixed answers.

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman
answered on May 20, 2016

If the lien impairs your exemption then you can motion the bankruptcy court to remove the lien.

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