Enforceability Status
Express warranty exclusion clauses in Michigan new construction contracts are generally enforceable. Michigan does not have a comprehensive residential construction defect statute with mandatory warranty minimums. Warranty claims are governed by general contract law, the UCC (MCL 440.2316), and the six-year statute of repose for construction defect claims (MCL 600.5839).
Legal Analysis
Michigan law permits builders to define express warranty terms in residential construction contracts. Under MCL 440.2316, sellers may exclude or modify implied warranties through conspicuous disclaimer language. Michigan courts enforce warranty limitations that are clearly stated and not unconscionable.
Michigan courts recognize an implied warranty of habitability in new home construction. In Weeks v. Slavick Builders, Inc. (1980), the Michigan Court of Appeals held that builders of new homes impliedly warrant that the home is constructed in a workmanlike manner. However, Michigan courts have also recognized that builders may limit implied warranties through express contractual terms.
MCL 600.5839 establishes a six-year statute of repose for claims arising from improvements to real property, measured from the date of occupancy, use, or acceptance of the improvement. This provides an outer boundary for construction defect claims independent of the builder's warranty period.
The Michigan Consumer Protection Act (MCL 445.901 et seq.) prohibits unfair, unconscionable, or deceptive methods in trade or commerce. However, this statute has been interpreted narrowly in the construction context, and its applicability to builder warranty disputes may be limited.
Relevant Michigan Law
Establishes a six-year statute of repose for claims arising from improvements to real property.
Prohibits unfair or deceptive methods in trade or commerce, though its applicability to construction warranty disputes has been limited.
Governs express and implied warranties in sales transactions, including provisions for exclusion and modification of warranties.
Related Cases
The Michigan Court of Appeals recognized an implied warranty of workmanlike construction in new home sales.
Builders in Michigan Using This Clause
What Michigan Buyers Should Know
- Understand Implied Warranty Protections Michigan recognizes an implied warranty of workmanlike construction in new homes. While builders may limit this through express terms, it provides baseline protection for serious construction defects.
- Note the Six-Year Statute of Repose Michigan's six-year statute of repose runs from occupancy or acceptance. This may provide a window for claims beyond the builder's express warranty period.
- Review Cold-Climate Exclusions Michigan builder warranties commonly exclude damage from freeze-thaw cycles, ice damming, condensation, settling, and snow or ice loading. These exclusions can cover significant issues in Michigan's climate.
- Document Defects Promptly Provide timely written notice to the builder of any defects discovered. Michigan does not have a mandatory pre-suit notice statute, but prompt documentation is essential for both warranty and implied warranty claims.