Legal Question in Construction Law in Michigan

New construction defect with walkway to porch

My house is 19 months old. I have an area where exterior concrete connects to the house on 3 sides with no expansion joints. Builder was notified in writing via certified return receipt mail of cracking/shaling during 1 yr warranty and refused to respond. Building contract specifies defects (cracking) characteristic to the material used (concrete) are not covered, but also warrants home to be free of defects in workmanship (which is what I think the lack of joints is). It has worsened significantly this year and needs repair. Estimate to fix is $1450. City has no flatwork building codes (that they will admit to). State will only take complaints against residential construction builders for 18 months (so I'm too late). Do I have any chance of success suing in small claims court?


Asked on 3/21/07, 9:13 am

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: New construction defect with walkway to porch

You may have a shot at obtaining relief through small claims court. Without reviewing the contract or having a technical evaluation of the existing concrete I cannot comment further.

Good luck!

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Answered on 3/21/07, 9:19 am


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