How Long Do You Have to Make a Roof Workmanship Claim in Michigan?

Homeowners often assume the warranty is the only deadline that matters. It is the first one to check, but it is not the only one. A statute of limitations sets how long after a claim accrues you can file a lawsuit. A statute of repose sets an outer limit measured from the work itself, whether or not anyone has noticed a problem yet. Licensing and warranty deadlines run on their own tracks.

Which clocks apply depends on what went wrong and what you are asking for. A roof that simply wasn't built the way the contract said is a contract problem. A defective roof that let water ruin a ceiling and a closet full of belongings may also be a property-damage problem. The same job can raise both.

When defective roof work causes damage, such as soaked insulation, a ruined ceiling or damaged contents, the claim can sound in tort as well as contract. MCL 600.5805(2) sets a 3-year limitation period for actions to recover damages for injury to a person or property. Subsection (14) of the same section says those periods are subject to any applicable period of repose, including section 5839.

Section 5839 is the construction statute of repose. Subsection (1) bars an action for damages for injury to property, or for bodily injury or wrongful death, arising out of the defective or unsafe condition of an improvement to real property, against any contractor making the improvement, unless it is commenced within one of two periods. Under (1)(a), the period is 6 years after the time of occupancy of the completed improvement, use, or acceptance of the improvement. Under (1)(b), if the defect is the proximate cause of the damage and results from the contractor's gross negligence, the period is 1 year after the defect is discovered or should have been discovered, but never more than 10 years after occupancy, use or acceptance.

Subsection (3) defines a contractor broadly: an individual, corporation, partnership or other business entity that makes an improvement to real property. The current version took effect on 1 January 2012 under 2011 PA 162 and applies to claims that accrue on or after that date. Whether a particular small repair counts as an "improvement to real property" is a question courts decide on the facts, so treat the 6-year figure as an outer limit, not a promise that you have six years.

A written warranty is a contract promise, and it can be longer or shorter than the statutes. A 15-year craftsmanship warranty does not extend the statute of limitations by itself, and a 1-year warranty does not erase claims the law otherwise allows. What a warranty does give you is a defined promise, a defined process and, usually, a much faster fix than a lawsuit. Read the claim section before you need it.

Manufacturer warranties carry their own notice rules. GAF's current Shingle and Accessory Limited Warranty, for example, says you must notify GAF about any claim within 30 days after you notice a problem, that repairing or replacing the products before GAF evaluates the claim may lead to denial, and that notice to your contractor, dealer or home builder is not notice to GAF. Missing a 30-day window can matter more than any statute.

Shingles and membranes themselves are goods, and Michigan's Uniform Commercial Code sets a separate 4-year limitation for breach of a contract for sale under MCL 440.2725. A warranty claim generally accrues on delivery, except where a warranty explicitly extends to future performance, in which case the claim accrues when the breach is or should have been discovered. Long manufacturer warranties are drafted with that in mind, and their own terms control how claims are made.

Contracts can also shorten deadlines. The Michigan Supreme Court held in Rory v Continental Insurance Co (2005) that an unambiguous contractual limitation period in an insurance policy is enforced as written unless it violates law or public policy. Whether a clause in a roofing contract that shortens the time to sue would be enforced is a question for a lawyer, but it is one more reason to read the whole document.

Many roof repair disputes are small enough for the small claims division of district court, where people usually represent themselves. Under MCL 600.8401, the small claims limit has been $7,000 since 1 January 2024. A claim above that amount belongs in the regular district court or circuit court. The limitation periods above apply in small claims just as they do anywhere else; a smaller court does not mean a longer deadline.

If the amount in dispute is near the limit, or the damage includes interior repairs, mold or contents, talk to an attorney before choosing a court.