Construction Education and Consulting Services of Michigan

Case Studies

Builder And Homeowner Find Common Ground

This case involved a crack in a poured concrete basement wall which was discovered by the Plaintiff homeowners shortly after they moved into the home. The builder of the home, (Defendant) did not respond to the service call in a timely manner and the crack allowed water to enter the basement. The water was not removed by the Plaintiff and mold began to grow. The home was tested for mold and large quantities of Stachybotrys (Black Mold) were found. A complaint was filed by the Homeowners for an amount exceeding $175,000.00 for damages. The Defendant did not have a good defense for failure to resolve the problem when first notified; however, I was able to justify to the court that the damages were only $26,000.00.

Contractor Fails To Perform

This case involved an arbitration brought by a homeowner that hired a contractor to repair their foundation in order to prevent it from leaking. The contractor failed to perform in accordance with the contract and did not repair the foundation walls. I represented the homeowner and was able to prove to the arbitrator that the contractor had not completed the work in a workmanlike manner or in accordance with industry standards. The homeowner was awarded a complete refund of the contract amount in addition to monies to make some of the required repairs and other miscellaneous costs which were incurred such as attorney and expert fees.

Construction Disputes Without Litigation

This case was based on several code and workmanship issues. I was hired by the homeowners to determine whether or not there was enough evidence to file a lawsuit. After an inspection of the home, I suggested that both the homeowners and the builder meet with me to review the list of complaints. Both parties were willing to meet and review the homeowners’ concerns. After a lengthy meeting, the homeowners agreed that they would not be so nick-picky and the builder agreed to make needed repairs. I was hired by both parties to inspect the work as it was being completed. This case was resolved prior to a lawsuit being filed and both parties got what they wanted without a great deal of cost.

Claim Of Code Violation Litigation Dismissed

This case involved the owner of a commercial building who brought suit against their General Contractor, (“GC”) and several of the subcontractors. I was hired to represent two of the subcontractors who had performed work under a contract with the GC. After a thorough investigation of the documents and an exhaustive site inspection, I was able to verify that several of the subcontractors, including the two that I represented, had violated several code compliance issues. The case ended after depositions had been taken but prior to trial. The insurance companies for the subcontractors and the GC all stepped to the plate to resolve the complaint.

Careless Smoking Fatality Results In Lawsuit Over Egress Codes

This case involved a child who died in an apartment building that caught on fire due to careless smoking. I was asked to provide my opinion as to whether or not the egress stairway inside the hall of the building was code compliant. After my investigation, I was able to determine that the stairway complied with the Code at the time of construction and that the stairway did not contribute to the death of the child. The client that hired me was dismissed from the case.