Construction projects in Michigan can be interrupted by legal disputes between property owners and contractors. One of the most common disputes that can arise during construction involves issues regarding the quality of materials used by contractors or subcontractors. Understanding the details of construction material quality disputes can help you protect your rights and interests should you find yourself in a legal action arising from a Michigan construction project.
Common Disputes Over Construction Materials
Some of the most common kinds of disputes that involve construction materials used on a project include:
- Defective Materials – A property owner may claim that a contractor used materials that fail to meet required specifications or substandard materials of a lower quality than expected by the owner.
- Substituted Materials – Property owners may also raise issues when contractors substitute construction materials without notice or approval, especially when contractors use cheaper or lower-quality substitutes while charging for the originally specified materials.
- Delivery and Storage Issues – Disputes can arise when construction materials suffer damage from storage or during delivery. Financial disputes may also occur over the cost of storing materials before their use on a construction project.
- Warranty Issues – Parties may also have disputes over whether builders’ warranties cover the construction materials used in a project.
Michigan Laws and Standards Governing Material Quality
Construction materials standards may come from state and local building codes or contract specifications negotiated by parties. Michigan courts will enforce material standards as written in the parties’ contracts. Other Michigan laws, such as the state’s Uniform Commercial Code, can also govern the sale and delivery of construction materials.
Steps to Address Material Quality Disputes
Property owners and developers can take various steps to address issues or concerns regarding construction material quality, such as:
- Documenting problems through photographs of materials, third-party inspections, and communications with contractors and materials suppliers
- Providing prompt written notice of concerns with material quality to contractors and suppliers
- Requesting independent inspection or testing of construction materials
- Negotiating resolutions to construction materials disputes, such as contractors’ agreements to repair or replace defective or non-conforming materials, or payment credits reflecting the lower value of the materials
Legal Remedies and Dispute Resolution Options
Parties in a dispute over construction material quality may pursue various options to resolve it. Construction contracts frequently include dispute resolution clauses that mandate mediation or arbitration. However, parties can also agree to submit a materials dispute to mediation or arbitration.
Property owners can pursue legal remedies through a breach of contract or warranty claim against a contractor or supplier to seek compensation for repair or remediation expenses to fix defective construction materials or diminished value caused by the use of substandard materials. Contractors can also pursue contract claims for disputes over payment for construction materials. Alternatively, contractors or suppliers can file mechanics’ liens against properties for alleged non-payment for construction materials.
How a Michigan Construction Law Attorney Can Help
A construction law attorney can help you seek a favorable resolution to a construction material quality dispute that protects your rights and interests by:
- Reviewing applicable contracts to understand specifications for materials or material quality
- Gathering and preserving critical evidence, such as photographs, testing and inspection reports, and receipts or invoices
- Advising you of your rights and options for pursuing remedies for a construction materials dispute
- Representing your interests in settlement negotiations, mediation, arbitration, or court
- Protecting the project timeline and your financial interests by pursuing a fair, favorable, and expedient resolution to a materials dispute
Contact a Construction Law Attorney Today
If you find yourself in a dispute over the quality of construction materials used in a Michigan project, an experienced construction law attorney can help you pursue a favorable resolution. Contact August Law, PLLC, today for a confidential consultation to learn more about your options.