The order also required defendant to deliver the HVAC units and required plaintiff to complete its outstanding obligations under the settlement agreement.
Relationships work well when communication is prioritized and misunderstandings can come to rapid conclusions. At some point, disputes come up needing extra effort to resolve. Construction disputes can be confusing, time-consuming, and damaging to...
Sometimes agreements don’t go as planned when both sides aren’t upfront with issues. A construction defect takes place when there is a circumstance that lowers the value of a home. Patent defects are those that anyone can see right away,...
Holding that the trial court erred by granting the plaintiffs-insurance companies' request to re-open the case and impose sanctions against the defendant-contractor's (Sebold) attorney, the court vacated and remanded. Plaintiffs paid claims...
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,...
The trial court acted correctly when it prevented defendant-White from suggesting to the jury that plaintiff-Associated Construction was obligated to investigate his assertions that he could pay for the renovation project. Thus, the court affirmed...
Holding that the Court of Appeals properly found that MCL 339.2412(1) was inapplicable, but erred in finding that the contract between the plaintiffs-homeowners and the defendants-unlicensed builder (Willis) was void ab initio, the court affirmed...
Holding that the Guaranty was ambiguous, the court affirmed the trial court's order insofar as it held that Sable (a plaintiff in one of these consolidated appeals and a defendant in the other) was personally liable for the amount of the Promissory...
Holding that the plaintiff failed to establish a genuine issue of material fact as to all the elements of the common work area doctrine, the court affirmed the trial court's order granting the defendant-general contractor summary disposition....
The court held that the trial court did not abuse its discretion by admitting parol evidence relevant to the meaning of the parties' contract. Thus, it affirmed the jury verdict and the judgment entered for plaintiffs. Plaintiffs-Alvaro and...
The trial court erred by summarily dismissing the plaintiff-subcontractor's claims against the defendant-general contractor for $347,786 in "delay damages" because the plaintiff presented sufficient evidence of an exception to the subcontract's "no...
The court held that the trial court did not err by finding that the defendant-city wrongfully denied the plaintiff-road contractor's requested extensions of time, or by awarding only 10 days of liquidated damages. Plaintiff sued defendant for...
Holding that the Guaranty was ambiguous, the court affirmed the trial court's rulings that Sable (a plaintiff in one of these consolidated appeals and a defendant in the other) was personally liable for the amount of the Promissory Note and sums...
The court held that the trial court erred in applying unjust enrichment to matters that were covered by a valid contract, express or implied, and in assessing what was owed to defendants-Draeger, KD Equipment Leasing, and AIC (collectively referred...
In this construction contract case, the trial court did not err by denying the plaintiffs' motion to vacate or modify the arbitration award and, thus, did not err by granting the defendants-lien claimants and defendant-contractor (Bosco) summary...
In these consolidated appeals after remand, the court held, among other things, that neither the law of the case nor res judicata precluded the trial court from considering unjust enrichment on remand. It affirmed the trial court's decision to...
The plaintiff, a subcontractor on a public works project who was not paid, could recover on a bond posted under the PWBA after providing the required "notice" to the general contractor. The trial court determined that plaintiff-Wyandotte Electric...
In these consolidated cases, the court held that the trial court did not abuse its discretion in refusing to set aside the default judgment or in refusing to hear the plaintiff's "untimely and improperly filed" written motion to withdraw...
Holding that nothing in "the plain language of MCL 125.541 required either the hearing officer or the Township Board to take the type of piecemeal action suggested by plaintiff and impose remedies against only certain portions of the building" (the...
The trial court properly released the escrow funds from the condo sale to the mortgage holder (defendant-bank) without satisfying the plaintiffs' construction liens because the bank's lien had priority. Defendant-Alpinist Endeavors was comprised of...
Holding that the plaintiff was a prevailing party under MCL 570.1118(2) because it substantially prevailed on the amounts it sought under the claim of lien, the court vacated the portion of the trial court's order denying its request for attorney...
In an issue of first impression, the court held that a plaintiff may maintain an action for statutory conversion for violations of the MBTFA. However, the trial court did not err in ruling that the plaintiff failed to establish statutory or...
Plaintiff performed work for defendant on a Michigan project. The parties are located in Kansas and Tennessee. The parties' "Purchase Order" contained a Tennessee choice-of-law provision. When the defendant did not pay the plaintiff, it sued for...
Plaintiff-Sachse's claim for common-law indemnification failed because it was sued "for its own active negligence" and was not held liable for any wrongdoing allegedly committed by the defendants. Plaintiff, a general contractor for an allegedly...
The court held that the indemnity clauses in the parties' subcontract applied because the plain language extended to defendant-Ahrens's "failure to undertake corrective work as obligated by the subcontract." Further, the property owner (a YMCA)...
