Opinion
Docket No. 145052. COA No. 284037.
2013-06-5
MILLER–DAVIS COMPANY, Plaintiff–Appellant, v. AHRENS CONSTRUCTION, INC., Defendant–Appellee, and Merchants Bonding Company, Defendant.
Prior report: 296 Mich.App. 56, 817 N.W.2d 609.
Order
On order of the Court, the motion for leave to file brief amicus curiae is GRANTED. The application for leave to appeal the March 22, 2012 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues: (1) whether the indemnification clause in the plaintiff's contract with defendant Ahrens applies to this case; (2) if so, whether the plaintiff's action for breach of that provision was barred by the statute of limitations, MCL 600.5807(8); and (3) whether the plaintiff adequately proved that any breach of the indemnification clause caused its damages, including the issue whether the trial court clearly erred in concluding that defendant Ahrens' performance of nonconforming work caused the natatorium moisture problem.