What are differing site conditions?
A “differing site condition” (also known as a “changed condition”), which is abbreviated in this article as a “DSC,” is an unknown and hidden, concealed, or latent physical condition encountered at a site that differs materially from the reasonably anticipated conditions.
How long is a home builder responsible for defects in Michigan?
Construction Defect Law and the ‘Right to Cure’
|Statute of Limitations||Right to Cure|
|Massachusetts||6 years for contracts 3 years for torts||No|
|Michigan||6 years for contracts 3 years for torts 1 year for injury resulting from gross negligence||No|
|Minnesota||2 years from discovery of injury for contracts or torts||No|
How long is a contractor liable for work in Michigan?
In Michigan, the statute of limitations for breach of contract is six years from the date of the breach.
What are and who pays differing site conditions?
Differing site conditions occur when a construction contractor encounters a concealed site condition (like, potentially, a subsurface condition) that differs from what was in the contract or from what would normally be expected.
What must a contractor do in dealing with differing site conditions?
Regardless of whether it is type 1 or type 2 differing site condition, every differing site conditions clause requires the contractor to give the owner notice of the claim before the condition is disturbed.
What voids builder warranty?
When a homeowner hires a 3rd party contractor who may not be approved by your builder, they could potentially void the warranty because the builder has lost the ability to ensure the quality of work meets their standards.
What can a handyman legally do in Michigan?
A handyman in Michigan does not need a specific handyman’s license to work in the state. However, there are many jobs that a handyman may do that could require a license, including carpentry, laying concrete, painting and tiling. These all require a Maintenance and Alteration Contractor License.
What jobs can a handyman do in Michigan?
The trades, or crafts for a maintenance & alteration contractor are:
- insulation work.
- screens and storm sash.
Is it illegal to hire an unlicensed contractor in Michigan?
It is illegal for anyone to work as a contractor in Michigan without a license. If they do, they face fines and possible jail time.
What is the purpose of a differing site conditions clause in a contract?
This clause places the risk of unknown site conditions (sometimes referred to as “changed conditions”) on the government. The purpose of the clause is to avoid having contractors place contingencies in their bids for unknown subsurface or other physical site conditions.