Order Michigan Supreme Court
Lansing, Michigan
June 5, 2013 Robert P. Young, Jr.,
Chief Justice
145052 & (92) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
MILLER-DAVIS COMPANY, David F. Viviano,
Plaintiff-Appellant, Justices
v SC: 145052
COA: 284037
Kalamazoo CC: 05-000199-CK
AHRENS CONSTRUCTION, INC.,
Defendant-Appellee,
and
MERCHANTS BONDING COMPANY,
Defendant.
_________________________________________/
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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
June 5, 2013
h0529
Clerk