Legal Question in Business Law in Michigan

Re: African American owners of a million dollar home expected to move in 3 month

A contract for the construction of a residence may be enforced just as any other contract for goods and services. The builder can be compelled by a court to perform in accordance with the contract. This would be a likely approach, if the builder owns the land. The lawsuit could seek "specific performance" of the contract, together with other damages which would have been foreseeable at the time of making the contract.

If you own the land, then it might be possible to dismiss the builder and hire another builder to complete the job. If the new builder charges more than the amount remaining to be paid under the construction contract, then a lawsuit may be brought against the first builder for the additional amount which was paid to the second builder to complete the job. Caution must be excercised, however, if an escrow exists for payment of the builder, inasmuch as the escrow agent might be bound to pay only to the first builder.

I would be happy to discuss this matter further with you. This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response.

Re: African American owners of a million dollar home expected to move in 3 month

A contract to build a house is really just like any other contract, and if the builder is not living up to his end of the bargain, he may be in breach of that contract. Your message indictes that you believe that you haven't been treated fairly because of your race, but you don't give specific reasons why you think this is the case - so I would have to reserve opinion in that regard. However, if you have been treated badly or taken advantage of as a consumer you may also have a cause of action against the builder for certain violations of the Michigan Consumer Protection Act.

I just settled a case with almost exactly the same circumstances, but where the builder knew that the family had to move into the new house on a certain date and failed to finish the house in that time. The builder also omitted two windows. We settled for the cost of installing windows, storage costs for the families goods, thier hotel bills, and other nominal consequential damages.

Your case may or may not be as solid as this last one, but probably worth a look if its been an entire year since the builder was supposed to finish and the house is materially different that you specified. You should consult an attorney in your locale to discuss this - one that knows a bit about not only consumer protection but also construction.

I cover Washtenaw, Western Wayne, and Jackson Counties, and would be pleased to meet with you in this regard.

Don Darnell