What is the legal process of filing a complaint against a contractor or subcontractor?

The legal process of filing a complaint against a contractor or subcontractor in Michigan starts with sending a written letter of complaint to the contractor or subcontractor. The letter should detail the specifics of the complaint in as much detail as possible, including estimated damages, the date(s) of the incident, and any other relevant information. Once the contractor or subcontractor is notified of the complaint, they have the opportunity to respond and resolve the dispute before taking any further legal action. If the dispute is not resolved through this negotiation process, the next step would be to file an action in the Circuit Court. The filing of a complaint requires the completion of several different documents, including the complaint, summons, financial disclosure statement, and a notice of lis pendens. The complaint itself should include a concise statement of the facts which supports the plaintiff’s claim. In Michigan, the plaintiff is also responsible for having the summons served on the party that the complaint is being filed against. This can be done through personal service where the summons is delivered to the defendant by a process server; or it can be done through publication, which involves having the summons published in a newspaper of general circulation in the county. If efforts to resolve the dispute have been unsuccessful, the plaintiff can then take the complaint to trial. At the trial, each side presents their evidence and witnesses to prove the facts of the case. If a decision is reached in favor of the plaintiff, the court can then issue a judgment against the defendant which may include money damages, costs of filing the complaint, attorney fees, and other court-ordered remedies.

Related FAQs

What are the most important issues related to construction law?
What is the process for filing a lien for unpaid work in construction?
What are the duties of a construction law attorney?
How is damages assessed in a construction dispute?
How is the value of a contract determined in a construction dispute?
What is the duty of care of a design professional in the construction industry?
What should be included in a construction contract?
What happens when there are delays in a construction project?
What are the legal remedies for breach of contract claims in construction?
What are the legal requirements for filing a claim against an owner in a construction dispute?

What is the legal process of filing a complaint against a contractor or subcontractor?

Related FAQs

Related Blog Posts