What to do if a homebuilder made unauthorized changes which resulting inbuilding department stopping construction?

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What to do if a homebuilder made unauthorized changes which resulting inbuilding department stopping construction?

New residential construction builder exchanged floor joist system from blueprint to lesser system and installed it without our approval. Now we are stuck.Can’t continue construction because building department never approved the change. The joists are getting wet (they should not be getting wet if at all possible) and we can’t continue. Not even sure it will support the weight of the first floor (gypcrete). We are so frustrated. We hold the building permit. Says he can’t pay for it. Do we need to speak to a real estate attorney? In Kent County, MI.

Asked on September 12, 2010 under Real Estate Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would speak with an attorney as soon as you can. You have breach of contract issues here and the contract needs to be reviewed and liability assessed as soon as you can do so and before more damage is done.  Is there any way that you can do anything to cover the joists so that you can mitigate - lessen - the damage that is bring done with regard to the joists?  Since you hold the permit you may have some responsibility here and I just want to make sure that you are placed in the best possible light.  You may also need to speak with an engineer or architect regarding the building code in your area in order to be fully informed as to your rights under the circumstances.  Good luck.


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