Legal Question in Business Law in Michigan

I hired a contractor who stated to me that he had 20 yrs in home improvement. We wrote up a contract. I gave half the monies discussed which was part of the contract. It started well hung the drywall. But, when he tried to fan/smooth the mad it was horrible. I confronted him and he admitted his drywall guy had bailed out on him. However, he had assured me that he was excellent with tile and grout. I was desperate to get some work out of the money that i had put up front so i agreed. The drywaller guy that we had hired started to make me aware of the numerous items that were wrong with the work. So, when the tile started to pop up about 25 % and the drywaller explained to use that he had improperly prepared the floor prior to applying the glue. I decided to cut my losses and fire the contractor because i was spending more and more money than expected for supplies that he was wasting. Can i sue


Asked on 1/31/10, 1:22 pm

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Of course you can. The question is about collectibility, whether the contractor was licensed, etc. Visit www.kliszlaw.com and click on contact me to discuss your issues. Tim Klisz

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Answered on 2/05/10, 1:34 pm
Stuart Collis Collis, Griffor & Hendra, PC

Yes, you can sue. However, you also should start trying to mitigate your damages by finding another contractor or contractors, soliciting bids and either having them do the work or sue based on the best estimate for repairs.

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Answered on 2/05/10, 5:56 pm
Adel Fakhouri Latinis, Fakhouri & Haddad, PLC

The short answer to your question is yes. However, before you go down the road of retaining an attorney and commencing litigation, you (and hopefully with the help of your attorney) need to do some homework on the contractor to make sure that a winning judgment will actually be a "collectible" judgment. Once this this factor is weighed, then you can make a sound decision on how to proceed. Other alternatives could be to have the contractor make the necessary repairs (without cost to you) or to refund the money. Both these options will save you the headache of litigation and resolve the issue more effectively. If you would like to talk in more depth I would be happy to give a free consult.

Adel Fakhouri

Latinis, Fakhouri & Haddad, PLC

26300 Telegraph Rd, Suite 103

Southfield, MI 48033

(248) 945-3400

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Answered on 2/08/10, 7:30 am


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