Enforceability Status
Michigan does not have a statute granting homebuyers a right to conduct independent inspections during new construction. The Michigan Residential Builders Act regulates contractors but does not address construction-phase buyer access. Inspection restriction clauses are likely enforceable under Michigan's freedom of contract principles.
Legal Analysis
The Michigan Residential Builders Act, MCL 339.2401 et seq., requires residential builders to be licensed and establishes standards for residential construction. The Act creates a regulatory framework and provides for complaints against licensed builders, but it does not address buyer inspection rights during construction.
Michigan's construction defect claims are primarily governed by common law principles. Michigan courts recognize an implied warranty of fitness and habitability for new construction. However, this warranty applies to the finished product and does not create a right to inspect during construction.
Michigan follows freedom of contract principles, and builders who control the construction site have the right to determine access conditions. Contractual provisions restricting independent inspections are common and generally considered enforceable.
Michigan's six-year statute of limitations for breach of contract under MCL 600.5807 applies to construction defect claims. The state does not have a separate statute of repose for construction claims, which means the general limitation period governs.
Relevant Michigan Law
Requires licensing of residential builders and establishes regulatory standards but does not address buyer inspection rights during construction.
Prohibits unfair, unconscionable, or deceptive methods in trade or commerce, though its application to new construction inspection restrictions has not been widely tested.
Builders in Michigan Using This Clause
What Michigan Buyers Should Know
- Negotiate inspection access before signing Michigan law does not guarantee construction-phase inspection rights. Request written provisions for independent inspections at pre-drywall and pre-closing stages.
- Understand Michigan's implied warranty protections Michigan courts recognize an implied warranty of fitness and habitability for new construction. This warranty covers the completed home but does not create construction-phase access rights.
- Verify builder licensing Confirm the builder's license through the Michigan Department of Licensing and Regulatory Affairs (LARA). Complaints against licensed builders can be filed with LARA.
- Consider Michigan's climate factors Michigan's cold winters, freeze-thaw cycles, and lake-effect moisture create specific construction risks. Independent inspections can identify insulation, vapor barrier, and drainage issues.