Legal Question in Real Estate Law in Michigan

Do I settle or what do I do now?

Six years ago we hired a contractor to renovate our bathroom due to water damage. We didn't know that they had done shoddy work. The bathroom needs to be redone. The floor joists have rotted, there is black mold and a host of other violations that we are responsible for taking care of due to their poor workmanship. Unfortunately, we did not pull permits as the company inferred that we would not need permits.

A friend of ours drew up a formal complaint and I filed it (it is within the statute of limitations). I sent the previous contractor the compliant via certified mail. The contractor has contacted me about it - he's actually surprised that we did it. The renovation is going to cost well over $10,000 to do correctly.

I need to know what to do now. I know I need to send the court proof that he did receive the complaint. Do I settle or what do I do now? I have not returned the contractor's calls as I am unsure of my next step. I do have another contractor that I will be using for the new renovation.


Asked on 2/13/07, 10:24 am

1 Answer from Attorneys
Christopher Sevick Law Office of Christopher Sevick, PLC

Re: Do I settle or what do I do now?

First, you are correct in that you must submit proof of service on the court. Make a copy of the proof of service for your records and mail the original along with a short letter referencing the case number to the court. After receipt of that they will set a date for the hearing and mail that notice to you and the contractor.

At that time you may begin negotiations with the old contractor to see what, if anything, he would be willing to offer. Be prepared to have evidence you can share with him such as photos, new contractor bids, etc. so he knows you are serious. These are the same items you would use in your case in court to prove his workmanship. See what he is willing to negotiate for and accept only payment in certified funds from him if he is willing to settle.

www.SevickLaw.com

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Answered on 2/13/07, 10:53 am


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