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HARTMAN & EICHHORN BLDG. CO., INC. v. DAILEY

Docket No. 249847.

701 N.W.2d 749 (2005)

266 Mich. App. 545

HARTMAN & EICHHORN BUILDING COMPANY, INC., Plaintiff/Counter-Defendant, v. Steven DAILEY and Janine Dailey, Defendants/Counter-Plaintiffs/Third-Party Plaintiffs-Appellants, and George H. Presley and ABN-AMRO, d/b/a Standard Federal Bank, Defendants, and Jeffry R. Hartman, Third-Party Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 26, 2005, at 9:00 a.m.

Released for Publication August 3, 2005.

Attorney(s) appearing for the Case

Harnisch, Lebow, Gerlach, Steffl & Gadd, PLC (by Michael J. Lebow, James C. Steffl, and Charles J. Gerlach), Bingham Farms, for the Daileys.

Robert S. Rollinger, Bingham Farms, for Jeffry Hartman.

Before: SCHUETTE, P.J., and SAWYER and O'CONNELL, JJ.

O'CONNELL, J.

This case requires us to reconsider the issue whether a building contractor can be liable under § 3 of the Michigan Consumer Protection Act.1 Although the Legislature apparently intended liability under the act to extend to individuals for their "conduct," a building contractor's construction or renovation of a house is regulated by the Occupational Code,2 so the remedy provisions in the...

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