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November 2015 Archives

Epps vs. 4 Quarters Restoration

In Epps v 4 Quarters Restoration, LLC et al, No 147727, 2015 WL 5684196 (Mich Sept 28, 2015), the Michigan Supreme Court had occasion to provide additional guidance upon the application of MCL 339.2412(1), which limits an unlicensed builder's ability to sue to collect compensation for work performed. Our Supreme Court held that the statute does not prohibit an unlicensed residential builder from defending itself against a suit for damages, yet reinforced the statutory prohibition that an unlicensed residential builder cannot sue to collect compensation for such work. Thus, an unlicensed builder may not sue for payment, but can defend itself against allegations of improper performance.

Deneweth, Dugan & Parfitt, P.C. - Construction Law Attorney Office

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