Legal Question in Construction Law in Michigan

Construction Rights

We had a fire at our house in Nov 2003. We hired a person from our church to do the work. He gave us an estimate but we did not sign a contract. He completed the work in March 2004. The work he did was terrible! We told him we were NOT happy with the work and would only pay him for the money he was out for materials. Now, 3 years later he is threatening to sue us for the remaining money owed to him. Do we owe him after 3 years for work we were not happy with? We gave him the opportunity to make the corrections and he refused to do them telling us that they could not be corrected. We have had several licensed contractor tell us otherwise. The floors are crooked, the ceiling is hung crooked, the sliding door does not lock because it is crooked, the siding is hung wrong just to name a few problems. He even hung the switch plates crooked!! Please give us some information so we can get this guy off our back. He is telling people at church that we do not pay our bills and we owe him money. Can he defame us like this?


Asked on 6/27/07, 10:12 am

2 Answers from Attorneys
Francois Nabwangu Wright Cantrell PLLC

Re: Construction Rights

It seems like the man's efforts at collection might violate the Fair Debt Collection Act if you can prove the "defamation."

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Answered on 6/28/07, 7:40 am
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Construction Rights

I would not pay him anything for his crappy work - make him take you to court and he will have to prove that he was entitled to more money than what you paid him and that his work was up to standard, which according to you, it was not. He will likely not pursue the matter, depending on how much money was involved. There is a reason he didn't pursue this before and waited 3 years - he is probably desperate for money riht now and thinking you would be an easy target or be intimidated into paying him.

If he is harassing you or bothering you, you might want to have a lawyer write a quick letter (after reviewing the contract and getting more facts) telling him to go away. This could solve your problem.

If you decide to go this route, feel free to contact me, we'll set up a meeting and draft a letter.

Thanks.

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Answered on 6/27/07, 9:11 pm


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