What a Michigan Roofing Contract Must Include

There is no single "roofing contract law" in Michigan and no state form you have to use. The requirements come from five places that overlap. The Occupational Code (Article 24, MCL 339.2401 and following) licenses residential builders and maintenance and alteration contractors and lists the conduct that can cost them their license. LARA's administrative rules for those licensees (R 338.1511 to R 338.1555) set the paperwork standards. The Construction Lien Act decides whether a contractor can file a lien. The Home Solicitation Sales Act governs sales signed at your home. The Michigan Consumer Protection Act covers unfair and deceptive practices across the board.

Two practical points before the details. First, these rules bind licensees. A handyman doing a single job under the $600 licensing exemption is not covered by the LARA rules, although the consumer and home solicitation laws still apply. Second, a rule that requires a written contract tells the contractor how to run its business; whether an oral deal can still be enforced in court is a separate legal question for an attorney.

Michigan puts the license number in three places. Under Rule 32, a licensee must include its name, license number and actual business address, as shown on the license, in all advertising, and "the use of a telephone or post office box number alone is prohibited." A flyer, door hanger or truck with only a phone number is not following the rule.

The Construction Lien Act adds the contract itself. MCL 570.1114 says a contractor has no right to a construction lien on an owner's interest in a residential structure unless it has a written contract with the owner, with any amendments or additions also in writing. That contract must carry a statement, in type no smaller than the body of the contract, explaining that residential builders, maintenance and alteration contractors, electricians, plumbers and mechanical contractors must be licensed, and, where the contractor needs a license, a statement that it is licensed and its license number.

The third place is the building permit, when the work needs one: the construction code act requires a contractor applying as your agent to list its license number and expiration date. Stellar Roofing Company's residential builder license is #262000779, and it is the number you should find on any of our paperwork.

Rule 32 has a second subrule worth knowing. A licensee may not solicit a home improvement contract by promising a bonus, in cash or merchandise, that depends on you showing your home to other people or on the licensee getting orders from other people.

Hidden damage is the most common reason a repair price changes. The rule's answer is the same as for the original deal: changes to the agreement must be in writing, signed by the parties, with a copy to you. A contractor who finds soft decking under a leaking valley should be able to show you photos, tell you the added cost from the unit price you already agreed to, and get your signature before the extra work is done.

The Occupational Code backs this up from the other side. MCL 339.2411(2)(d) lists a "willful departure from or disregard of plans or specifications in a material respect and prejudicial to another, without consent of the owner" as grounds for discipline. A silent upgrade or downgrade of materials, or work beyond the written scope that then appears on the bill, is the situation that language is aimed at.

On a roof, surprises can happen with a tear-off half done and rain coming. A sensible agreement says what the crew will do if they cannot reach you: for example, dry in the area and wait for approval rather than proceed. Agree on how you will be reached on the day of the work.

Michigan's Home Solicitation Sales Act covers sales over $25 where the seller solicits the sale and you agree to buy at your home (MCL 445.111). It excludes some sales, including those that follow earlier negotiations at the seller's place of business. Where it applies, you may cancel until midnight of the third business day after the day you sign.

The act also dictates parts of the contract. Under MCL 445.113, the written agreement must be dated the day you sign, carry a cancellation statement in immediate proximity to your signature, and have a Notice of Cancellation attached in duplicate, in at least 10-point bold type and 2 points larger than the contract text. MCL 445.112 bars the seller from sending a courier or other third party to pick up payment at your home until the cancellation period ends.

The emergency exception is narrow. You lose the right to cancel only if you asked for immediate work because of an emergency, the seller in good faith made a substantial start, and you gave a separate, dated, signed statement in your own handwriting describing the emergency and waiving the right. A pre-printed waiver clause inside the contract does not meet that description.

A written, signed agreement is the document LARA, a court or an arbitrator will start from. A complaint against a licensee under Article 24 has to be filed within 18 months after the latest of completion, occupancy or purchase for a maintenance and alteration contract (MCL 339.2411(1)). If you and the contractor wrote workmanship performance guidelines into the contract, the statute says the department shall consider them when it evaluates a workmanship complaint, as long as they are consistent with the construction code act.

The contract also matters to the contractor. Under MCL 339.2412, a person who needed a license and did not have one cannot sue in a Michigan court to collect for the work, and cannot impose a lien. Court deadlines for workmanship claims are longer than LARA's but they do run, so keep the agreement, change orders, invoices and photos together with your other house records. This page is general information, not legal advice; confirm how these laws apply to your situation with an attorney.