Can a home inspector counter sue for breach of contract if we didn’t contact him with our issues within 30 days?

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Can a home inspector counter sue for breach of contract if we didn’t contact him with our issues within 30 days?

The contract states,

Asked on March 18, 2019 under Business Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, what you describe does not give him a write to sue you for breach of contract. The breach did not cost him anything or harm him--but the law only allows suits for compensation for costs, losses, etc. caused by an alleged breach. No harm, no suit.
The inspector could possibly use that clause as defense to your own suit, on the grounds that it effectively obligated you to bring any alleged issues to his attention within 30 days and that by failing to do so, you waived your right to take legal action, but that would be the most he could do.


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