Now Accepting New Clients!

A contract which contains ambiguity is sufficient evidence as to whether a genuine issue of material fact exists

The trial court did not err when it denied plaintiff-SPE's motion for partial summary disposition on its contract claim because the language in the parties' building contract was ambiguous, and there was evidence to show that the builder, defendant-All Seasons, submitted final plans and received approval as required by the agreements. The contract to build a sunroom "require[d] that All Seasons submit 'final plans subject to . . . final approval.' However, the contract d[id] not define the phrase 'final plans' and d[id] not specify who must provide final approval. The contract also d[id] not specify whether All Seasons was required to submit final plans with regard to each level of the sunroom." Thus, genuine issues of material fact remained whether All Seasons presented final plans and whether SPE approved them. Moreover, even if it did not, "All Seasons presented evidence creating a genuine issue of material fact with regard to whether the parties waived the requirement that All Seasons provide plans for the middle level of the sunroom before beginning construction." The court also concluded that the trial court did not abuse its discretion when it granted All Seasons' motion to set aside entry of the default. All Seasons established "good cause" where there "was a substantial irregularity in the proceeding on which the default was based"-its registered agent was not served with a copy of the summons and complaint. Also, there was "a reasonable excuse for failure to comply with the requirements creating the default[]"- the parties were engaged in negotiations. The affidavit of All Seasons' resident agent also established a meritorious defense. Affirmed. 

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

Three reasons to put a power of attorney in place

Originally posted on 11/08/2016 While no one wants to think of the unfortunate possibility of being incapacitated or of a time when we can't handle our own affairs, this circumstance is a real possibility. If something happens and this...

How to approach parents about estate planning

Originally posted on 12/09/2016 Family forms a strong foundation for many people's first and most intimate community. It is important to strengthen these first relationships so even uncommon questions become natural. For those...

PROBATE 44: Petition for Mental Health Treatment

Michigan’s Mental Health Code governs the civil admission and discharge procedures for a person with a mental illness. Specifically, MCL 330.1434 sets forth the procedure and content requirements for a petition for mental health treatment.

Should you get your criminal record expunged?

Originally posted on 04/12/2017 If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical...

Choosing the right executor for an estate

Originally posted on 05/28/2017 When people are thinking about planning their estate, they often think about trying to minimize the estate tax, keeping their will updated, and keeping items out of probate court; however, there is another...

Understanding how the Miranda warning works

Originally posted on 11/25/2016 Michigan residents who have seen television police shows or movies involving law enforcement have no doubt watched many dramatic scenes with officers quoting something to the effect of, "You have the...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000