A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Michigan, a construction defect is considered a deficiency in the design, specifications, construction, or materials used in a building project. These defects can arise from a failure to perform work in a manner that meets the industry standards or the owner's reasonable expectations. Michigan law provides for legal remedies if construction defects are discovered. Under Michigan Compiled Laws (MCL), there are various statutes that may apply, including breach of contract, negligence, and statutory warranties. For example, the Michigan Builder's Trust Fund Act protects against misappropriation of funds by contractors, and the Homeowner's Construction Lien Recovery Fund can provide compensation for damages caused by licensed residential builders who fail to fulfill their contractual obligations. It's important for property owners to act within the applicable statutes of limitations, which can vary depending on the type of legal action. An attorney specializing in construction law can help navigate these complex issues and determine the best course of action for those affected by construction defects.