Order Michigan Supreme Court
Lansing, Michigan
September 29, 2010 Marilyn Kelly,
Chief Justice
139666 & (53) Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
MILLER-DAVIS COMPANY, Diane M. Hathaway
Plaintiff-Appellant, Alton Thomas Davis,
Justices
v SC: 139666
COA: 284037
Kalamazoo CC: 05-000199-CK
AHRENS CONSTRUCTION, INC,
Defendant-Appellee,
and
MERCHANT BONDING COMPANY,
Defendant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 4, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether MCL 600.5839, the statute of repose
for “any action” against architects, engineers, or contractors to recover damages for “any
injury to property, real or personal,” governs a general contractor’s suit for a
subcontractor’s breach of contract, or is instead limited to tort actions; (2) whether this
particular case constitutes “any action to recover damages for any injury to property . . .
arising out of the defective and unsafe condition of an improvement to real property;” (3)
whether a claim for breach of a construction contract “accrues” under MCL 600.5807(8)
on the date of “substantial completion” specified by the parties, the date the party in
breach physically ceases work, the date the party in breach certifies that it has completed
work, or some other date; and (4) whether, alternatively, the “occupancy of the completed
improvement, use, or acceptance of the improvement” under MCL 600.5839 is limited to
occupancy, use or acceptance by the owner of the property and whether the Legislature
intended the terms “use” and “acceptance” to be otherwise limited in scope.
The motion for leave to file brief amicus curiae is GRANTED. Other persons or
groups interested in the determination of the issues presented in this case may move the
Court for permission to file briefs amicus curiae.
I, Corbin R. Davis, 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.
September 29, 2010 _________________________________________
y0922 Clerk